TaxTMI 
TaxTMI 
2021 (4) TMI 1375
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.... AOR, Mr. Rahul Narang, Adv., Ms. Deepanwita Priyanka, Adv., Mr. Aniruddha P. Mayee, AOR, Mr. M.G. Ramachandran,Sr.Adv., Ms. Hemantika Wahi, AOR, Ms. Ranjitha Ramachandran,Adv., Ms. Jesal wahi, A dv., Mr. Ranji Thomas, Sr. Adv., Mr. V. N. Raghupathy, AOR, Mr. Shivi Sanyam, Adv., Ms. Pratishtha Vij, Adv., Mr. Jappanpreet Hora, Adv., Mr. A. Karthik, AOR, Mr. Devendra Singh, AOR, Mr. Anant Kumar Vatsya, Adv., Mr. Vatsya Krishnaiya, Adv., Ms. Arti Singh, AOR, Mr. Aakashdeep Singh Roda, Adv., Mr. Basant Pal Singh, Adv., Ms. Pooja Singh, Adv., ORDER 1. The writ petition is filed in the nature of public interest seeking to protect two species of birds namely the Great Indian Bustard ('GIB' for short) and the Lesser Florican, which is on the verge of extinction. The existence of overhead power lines is stated to have become a hazard due to which the said species of birds on collision are getting killed. In the pending writ petition, the application in I.A. No.85618/2020 is filed seeking interim directions to direct the State of Rajasthan (respondents No.5 and 6) and State of Gujarat (respondents No.9 to 11) to ensure predator proof fencing, controlled grazing in the enclosure developme....
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....uvre across power lines within close distances. Thus, they are vulnerable to collision with power lines. In case of low voltage lines, electrocution is often the cause of death due to smaller phase to phase separation distance. High voltage lines do not cause death due to electrocution but cause death due to collision." 4. But, this Court while considering IA Nos.1433 and 1477 of 2005 in the case of T.N. Godavarman Thirumulpad Vs. Union of India & Ors. (2012) 3 SCC 277 has observed as hereunder: "17. Environmental justice could be achieved only if we drift away from the principle of anthropocentric to ecocentric. Many of our principles like sustainable development, polluter­pays principle, intergenerational equity have their roots in anthropocentric principles. Anthropocentrism is always human interest focussed and that non­human has only instrumental value to humans. In other words, humans take precedence and human responsibilities to non­human based benefits to humans. Ecocentrism is nature­centred where humans are part of nature and non­humans have intrinsic value. In other words, human interest does not take automatic precedence and humans have obligation....
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...., naturecentred where nature includes both humans and non­humans." "48. Article 21 of the Constitution of India protects not only the human rights but also casts an obligation on human beings to protect and preserve a species becoming extinct, conservation and protection of environment is an inseparable part of right to life. In M.C. Mehta v. Kamal Nath [(1997) 1 SCC 388] , this Court enunciated the doctrine of "public trust", the thrust of that theory is that certain common properties such as rivers, seashores, forests and the air are held by the Government in trusteeship for the free and unimpeded use of the general public. The resources like air, sea, waters and the forests have such a great importance to the people as a whole, that it would be totally unjustified to make them a subject of private ownership. The State, as a custodian of the natural resources, has a duty to maintain them not merely for the benefit of the public, but for the best interest of flora and fauna, wildlife and so on. The doctrine of "public trust" has to be addressed in that perspective. 49. We, as human beings, have a duty to prevent the species from going extinct and have to advocate for an ef....
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.... of Kutch. Similar such instances of underground power lines being laid is also referred by Mr. Shyam Divan, learned senior counsel for the petitioner. Ms. Aishwarya Bhati, learned ASG and Dr. Manish Singhvi, learned senior counsel appearing on behalf of the respondents however sought to indicate that the instances referred, wherein the tender notifications were issued for underground power lines cannot be made comparable in all cases inasmuch as the same would be possible depending on the area, terrain and the distance for which such cable line is to be laid which cannot be of universal application. 8. In that background, keeping in view, the sustainable development concept and on striking a balance the protection of the rare species of birds is essentially to be made, the effort being to save every bird while at the same time allowing transmission of power in an appropriate manner. Even as per the study/survey conducted by the Wildlife Institute of India, it would not be feasible to lay underground power cables in certain areas and the conversion of the already existing cables also cannot be made in certain locations. In such of the locations, it is recommended that 'bird divert....
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.... divertors shall also be a condition attached in the contract to be entered with generating companies. Insofar as, the cost incurred in the said process, the concerned respondents No. 5 to 8 and 9 to 11 shall work out and provide for the same and the respondents No.1 to 4 aid in this regard. It would be open to them to muster the resources in accordance with law. In cases where the power generators are required to bear the additional amount adding to the cost of production, it would be open to regulate the manner in which the cost would be mitigated in accordance with contractual terms. Irrespective of the cost factor the priority shall be to save the near extinct birds. 12. In fact, a few suggestions were made in the course of arguments, as to how financial resources can be mobilised. One of the options that could be explored, is to invite the attention of each electricity utility engaged in the generation of power, to Section 135 of the Companies Act, 2013, which imposes corporate social responsibility upon companies having a specified net worth or turnover or net profit. Section 166(2) of the Companies Act, 2013 ordains the Director of a Company to act in good faith, not only i....
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....itats of GIB, the same shall be converted into underground powerlines. In respect of high­voltage powerlines in the priority and potential habitats of GIB, more particularly the powerlines referred in the prayer column of I.A. No.85618/2020 and indicated in the operative portion of this order shall be converted into underground power line. The potential and priority area in Kutch and Thar respectively are as per the sketch shown below: While considering the laying of underground power line the said habitats shall be kept in perspective and steps be taken for the safety of the GIB in the said habitat. 15. As already taken note above, the laying of highvoltage underground power line would require expertise to assess the feasibility of the same. For this specific purpose of assessing the feasibility after taking into consideration all technical details, we deem it proper to constitute a committee consisting of the following members: (i) Dr. Rahul Rawat, Scientist, Room No.021, Block­14, Ministry of New and Renewable Energy, CGO Complex, Lodi Road, New Delhi. (ii) Dr. Sutirtha Dutta, Scientist, Wildlife Institute of India, Dehradun. (iii) Dr. Devesh Gadhavi, Deputy Dire....
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.... Bhanada to Valram Society (6.1 Km) 66 KV 4) GETCO Substation to Dhanawada - Nanawada (9.81 Km) Unknown 5) GETCO Substation to KotharaMothala Road (9.69 Km) Unknown 6) Jakhau to Prajau road substation (10.9 Km) Unknown 7) Jakhau to Sindhodi (8.39 Km) Unknown 8) Jakhau to Sindhodi (8.53 Km) Unknown 9) Jakhau to Sindhodi (8.57 Km) Unknown 10) Jakhau­Vanku Road to Prajau Road substation (3.43 Km) Unknown 11) Kalatalav Khirsara Road (9.0 Km) Unknown 12) Khirsara Kothara (8.20 Km) Unknown 13) Khirsara to Kothara River Wastelands (2.24 Km) Unknown 14) Kunathiya GETCO to Bitta & around Adani Solar (6.65) 220 kv 15) Kunathiya GETCO to Tera (7.32 Km) 66 KV 16) Kunathiya GETCO towards Rava (3.34 km) 66 KV 17) Lala to Jakhau (11.6 Km) Unknown 18) Line near Khorsara (2.77 Km) Unknown 19) Line near Lala village (1.45 Km) Unknown 20) Naliya­Kothara Road (6.58 Km) Unknown 21) Naliya­Kothara Highway (15.0 Km) Unknown 22) Naliya­Kothara Highway Line (15.7 km) Unknown 23) Naliya­Kothara Road to Prajau (9.15 Km) Unknown 24) Naliya­Kothara Road to Vanku­Lala Road (10.8 km) 66 KV 25) Prajau Road (5.57 Km) Unknown 26) Prajau to Na....