Endangered species protection requires undergrounding feasible power lines, divertors, and habitat safeguards to curb bird mortality.

Endangered-species protection for the Great Indian Bustard was addressed through directions to reduce bird mortality from power infrastructure. Existing overhead lines in priority and potential habitats are to be fitted with bird divertors forthwith, future low-voltage lines are to be laid underground, and high-voltage lines are to be undergrounded where technically feasible, with divertors used where undergrounding is not feasible. The identified breeding and habitat areas, including eggs, are to be fenced and protected, and authorities must make financial and administrative arrangements for implementation through available schemes and lawful funding mechanisms. The directions reflect an Article 21-based, ecocentric approach to conservation and technical feasibility assessment.

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Issues: (i) Whether existing and future overhead power lines in the priority and potential habitats of the Great Indian Bustard should be converted underground or fitted with bird divertors to prevent bird mortality; (ii) Whether the habitat, including breeding areas and eggs, required fencing and protection, and whether the costs and implementation measures could be directed to be arranged by the concerned authorities.

Issue (i): Whether existing and future overhead power lines in the priority and potential habitats of the Great Indian Bustard should be converted underground or fitted with bird divertors to prevent bird mortality.

Analysis: The order proceeds on the basis that the extinction risk to the species required immediate protective action. It accepts that high-voltage undergrounding may require technical evaluation on a case-to-case basis, while low-voltage overhead lines in identified habitats should be laid underground in future and existing low-voltage lines should be converted underground. For high-voltage lines, feasibility is to be examined, and where undergrounding is not feasible, bird divertors are to be installed. A committee was constituted to assess technical feasibility and assist implementation.

Conclusion: The respondents were directed to install bird divertors forthwith on existing overhead lines, underground future low-voltage lines in the identified habitats, and underground such high-voltage lines as are found feasible, with divertors to be used where undergrounding is not feasible.

Issue (ii): Whether the habitat, including breeding areas and eggs, required fencing and protection, and whether the costs and implementation measures could be directed to be arranged by the concerned authorities.

Analysis: The order recognizes that conservation of the species also required protection of breeding grounds and eggs from predators. It directs fencing of the identified island areas and avoidance of those areas while planning power-supply lines. It also records that the State and Central Governments have a duty to preserve endangered species and that expenditure may be arranged through available schemes, institutional funding, or lawful cost allocation, including possible corporate social responsibility resources and regulatory treatment of costs.

Conclusion: The identified breeding and habitat areas were directed to be fenced and protected, and the concerned respondents were required to make financial and administrative arrangements for implementation.

Final Conclusion: The petition was allowed with binding conservation directions aimed at protecting the Great Indian Bustard through habitat protection, undergrounding of feasible power lines, installation of divertors, and implementation through a technical committee and coordinated governmental funding.

Ratio Decidendi: Where extinction-risk to a species is established, environmental protection under Article 21 and the doctrine of ecocentrism justify affirmative court directions balancing conservation needs against infrastructure requirements, including technical assessment, undergrounding where feasible, and diversion measures where necessary.

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