Why it is relevant:
Recognised the right to a healthy environment and the right to be free from the adverse effects of climate change under Articles 14 and 21 of the Constitution of India.
Issue:
In this case, the Supreme Court was required to choose between the conservation of The Great Indian Bustard (“GIB”), an endangered species or promotion of Solar, a clean energy source.
Facts
A writ petition was filed before the Supreme Court highlighting the concern that one of the reasons for the dwindling numbers of the GIB was it colliding with overhead transmission lines, due to its poor vision and large head size.
Relief Sought:
An emergency response plan for the protection and recovery of the GIB, including directions for the installation of bird diverters, an immediate embargo on the sanction of new projects and the renewal of leases of existing projects, dismantling power lines etc.
Decision:
The Supreme court initially, in its interim order, imposed restrictions on the setting up of overhead transmission lines and requested setting up of bird diverters.
However, in its final decision, the Supreme Court, in a balancing attempt, recognised India’s Renewable Energy commitments under International Conventions (Kyoto Protocol, Paris Agreement etc) and the importance of renewable energy in combating climate change.
The right to a healthy environment and the right to be free from the adverse effects of climate change was recognised.
The Supreme Court withdrew its interim order and directed an expert committee to be constituted to assess the feasibility of undergrounding power lines, efficacy of bird diverters and identify the number of bird diverters required for the successful implementation of conservation efforts.
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