LexM K RANJITSINH & ORS. versus UNION OF INDIA & ORS.
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* Author [2024] 3 S.C.R. 1320 : 2024 INSC 280 M K Ranjitsinh & Ors. v. Union of India & Ors. (Writ Petition (Civil) No. 838 of 2019) 21 March 2024 [Dr. Dhananjaya Y Chandrachud,* CJI, J B Pardiwala and Manoj Misra, JJ.] Issue for Consideration Conservation and protection of the endangered species of the Great Indian Bustard (GIB). Headnotes Environment – Rapid and steady decline in the population of the Great Indian Bustard (GIB) – Apart from various other factors, attrition of the existing population of these endangered birds was partly attributed to overhead transmission lines – Vide order dtd. 19.04.2021, a Committee was appointed for assessing the feasibility of laying high voltage underground power lines; direction was also issued imposing blanket prohibition w.r.t the installation of transmission lines for the distribution of solar power in a large territory and it was directed that in cases where overhead power lines existed as on date in the priority and potential GIB areas, steps be taken to install bird diverters pending consideration of the conversion of overhead power lines into underground power lines – Order implemented by the Committee – Modification of the directions sought by Ministry of Environment, Forests, and Climate Change, Ministry of Power and the Ministry of New and Renewable Energy: Held: The GIB is seriously endangered as a species – However, there is no basis to impose a general prohibition in regard to the installation of transmission lines for the distribution of solar power in an area about 99,000 square kilometres – Reasons due to which it is not feasible to convert all transmission lines into underground power transmission lines, enumerated – While balancing two equally crucial goals, the conservation of the GIB on one hand, with the conservation of the environment as a whole on the other hand, it is necessary to adopt a holistic approach which does not sacrifice [2024] 3 S.C.R. 1321 M K Ranjitsinh & Ors. v. Union of India & Ors. either of the two goals at the altar of the other – The delicate balance between the two aims must not be disturbed – Rather, care must be taken by all actors including the state and the courts to ensure that both goals are met without compromising on either – Furthermore, the decision on whether to convert the overhead power transmission lines into underground lines is a matter of environmental policy – While adjudicating writ petitions which seek reliefs which are of the nature sought in the present case, this Court must conduct judicial review while relying on domain experts – Order passed by this Court on 19.04.2021 modified – A blanket direction for undergrounding high voltage and low voltage power lines of the nature that was directed by this Court vide said order need recalibration – Expert Committee constituted, remit stated – Directions contained in the aforesaid order substituted – Union of India and the concerned ministries to implement the measures described aimed at conserving the critically endangered GIB – Committee to complete its task and submit report. [Paras 52, 60, 62, 64, 66, 70, 72] Environment – India’s obligations, commitment under international conventions towards preventing climate change and tackling its adverse effects – United Nations Framework Convention on Climate Change; Kyoto Protocol; Paris Agreement – Key features of India’s commitment – Discussed. Environment – Importance of solar power as a source of renewable energy – National Solar Mission; National Mission for Enhanced Energy Efficiency, National Mission for a Green India; National Mission on Strategic Knowledge for Climate Change – Urgent need to shift to solar power – Discussed. Environment – Right to a healthy environment; Right to be free from the adverse effects of climate change – Constitution of India – Articles 14, 21, 48A, 51A(g): Held: Despite governmental policy and rules and regulations recognising the adverse effects of climate change and seeking to combat it, there is no single or umbrella legislation in India which relates to climate change and the attendant concerns – However, this does not mean that the people of India do not have a right against the adverse effects of climate change – Importance of the environment, as indicated by Article 48A, Article 51A(g) of the Constitution of India, becomes a right in other parts of the Constitution – Article 21 recognises the right to life and pers
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