Supreme Court Issues Directions For Conservation Of Great Indian Bustard; Approves Restrictions On Future Renewable Energy Projects In Rajasthan

The Supreme Court has issued certain directions for the conservation of Great Indian Bustard (GIB) i.e., ‘Godawan’, the State bird of Rajasthan.

GIB is one of the heaviest flying birds in the world and a flagship species of the arid and semi-arid grasslands of the Indian subcontinent and is a majestic, long-legged bird that symbolizes the health of the fragile grassland ecosystem, as its presence indicates a balanced environment.

The two-Judge Bench comprising Justice P.S. Narasimha and Justice Atul S. Chandurkar issued the following directions –

i. The revised priority area for Rajasthan, as recommended by the Expert Committee, shall be 14,013 sq. kms., and the revised priority area for Gujarat, as recommended by the committee, shall be 740 sq. kms.

ii. The measures recommended by the committee for in-situ and ex situ conservation of GIB within the priority areas of Rajasthan and Gujarat shall be implemented forthwith.

iii. Recommendations of the committee with respect to the monitoring of GIB in the revised priority areas shall be given effect immediately.

iv. Recommendation of the committee for the conduct of long-term studies on the effects of climate change on GIB must be conducted.

v. Recommendations of the committee for providing a power corridor of up to 5 km width, which will be at a distance of 5 km or more to the south of the southern-most enclosure of Desert National Park, are accepted.

vi. Recommendations of the committee negating the necessity for Mitigation of existing and future power lines of 11 kV and below voltage in the 100-metre buffer around the settlement is accepted. vii.

vii. Restrictions as stipulated by the committee on future renewable energy projects within the Revised Priority Areas of Rajasthan are approved.

viii. The committee’s recommendation pertaining to the immediate undergrounding of 80 km of 33 kV line in Rajasthan is accepted.

ix. Recommendations of the committee pertaining to the Mitigation of 33 kV lines in the revised Priority Area of Rajasthan is accepted.

x. Recommendations of the committee regarding the rerouting of certain specific existing lines of 66kV and above in the revised Priority Area of Rajasthan shall be done in a time-bound manner.

xi. All the mitigation measures such as undergrounding, rerouting as suggested in the Committee Report should be started immediately and completed within two years from the date of our order.

xii. In the cases of dedicated lines starting from different RE Pooling stations, but terminating at a common Grid Pooling station, the routes shall be optimised in such a way that they share a maximum common stretch to the extent possible.

xiii. In case of lines starting from different RE plants, but terminating at a common RE Pooling station, their routes may be optimised in such a way that they also share a maximum common stretch to the extent possible. There shall be a direction to the concerned authorities to ensure this requirement.

xiv. The competent authority will engage with the issue of BFDs and take appropriate action, based on scientific analysis, for its deployment.

xv. The competent authority will ensure the undergrounding of 250 km of critical power lines identified by WII in Rajasthan in a time-bound manner not exceeding more than 2 years.

xvi. Other recommendations of the Committee, which are in addition to the above directions, will be implemented as soon as possible.

Senior Advocate Vikas Singh appeared for JSW and ACME. ASG Aishwarya Bhati appeared for the Union of India. Senior Advocate Maninder Singh appeared for Sustainable Power Developers Association (SPDA). Advocate Vishrov Mukerjee appeared for Wind Independent Power Producers Association. Senior Advocates Shyam Divan and Prashanto Chandra Sen appeared for the Petitioners.

Background

In Rajasthan, GIB is affectionately alluded by its cultural name as ‘Godawan’ and is inextricably connected to the culture and living of desert communities. The Godawan has been associated with the nobility of the Rajput kings and its majestic stature was likened to the qualities of a noble warrior, making it a subject of admiration in local art and literature. Its survival is a shared cultural responsibility, as the bird represents not just a species but the unique natural heritage and resilience of the arid landscapes. Godawan holds deep cultural and historical significance for the people of Rajasthan and is considered a symbol of pride and grace, interwoven with local folklore and traditions, and is highly revered, particularly by communities like the Bishnois, who practice eco-veneration and include the bird in their traditional protection norms. Historically, this magnificent creature was found across much of India, but today, its population being critically endangered, is primarily concentrated in and around the Thar Desert.

The urgent conservation efforts, including the state-led ‘Project Godawan,’ (Project GIB) seek to protect this cultural and ecological emblem from extinction, ensuring that the regal bird continues to grace the golden sands of the state for future generations. Despite its immense historical, cultural, and ecological significance, today GIB is one of the rarest birds to spot due to a steep decline in its population in the last few decades. The GIB is, therefore, soon approaching the fate of recently extinct animals. The pleas before the Apex Court were related to the protection of GIB and the Lesser Florican (LF), both of which are on the verge of extinction. One Writ Petition sought immediate directions for the conservation of these species and another Writ Petition was filed by renewable energy developer ACME. Earlier, the Court had appointed a three-member Committee to assess the feasibility of laying high-voltage underground power lines.

Court’s Observations

The Supreme Court in the above context of the case, observed, “The threats of climate change and unplanned development are real, and it is widely acknowledged that our planet is experiencing the sixth mass extinction in its history. In addition to traditional conservation measures, steps must be taken to protect currently endangered animals, and moreover, to regenerate populations.6 The present exercise is one such step in this regard.”

The Court noted that with time, the country has seen a rapid and steady decline in the population of the GIB and as of 2018, the International Union for Conservation of Nature (IUCN), classified the GIB as a ‘critically endangered’ species.

“In IUCN’s system of classification, only two categories indicate a graver threat to a particular species – ‘extinct in the wild’ and ‘extinct’. The GIB has been classified as a critically endangered species from 2011 until the most recent assessment in 2018. From 1994 to 2008, it was classified as ‘endangered’ and in 1988, it was labelled ‘threatened’. … The Rajasthan government estimates that only about 125 GIBs were present in the year 2013 while IUCN placed the number of mature GIBs between 50 and 249”, it added.

CSR to include Corporate Environmental Responsibility

The Court said that the legal formation of Corporate Social Responsibility (CSR) in India is intended to mark a paradigm shift from voluntary philanthropy to statutory obligation.

“Under Section 135 of the Companies Act, 2013, Parliament institutionalized this duty by mandating companies to meet specific financial thresholds espousing social responsibility. This provision effectively codifies the principle that corporate profit is not solely the private property of shareholders but is partly owed to the society that enables its generation. The magic of legitimacy is in the perspective that private property is a trust”, it remarked.

The Court emphasised that the obligation to protect endangered species is paramount and where corporate activities such as mining, power generation, or infrastructure threaten the habitat of endangered species, the "Polluter Pays" principle mandates that the company bears the cost of species recovery.

“CSR funds must, therefore, be directed towards ex-situ and in-situ conservation efforts to prevent extinction. … The non-renewable power generators operating in the priority as well as non-priority areas in Rajasthan and Gujarat must always remember that they share the environment with the Godawan, the Great Indian Bustard and must undertake their activities as if they are guests in its abode”, it added.

Conclusion

The Court was of the view that the measures suggested by the Committee are adequate and effective and efficient regulatory measures by the concerned duty bearers of conservation will be taken periodically as and when required and will prove effective and beneficial in the long term.

“We therefore direct the authorities to ensure that at least one agency, apart from WII, assesses the efficiency and effectiveness of BFDs at the same time and undertakes a pilot project in some areas before making final recommendations. … We direct the Inspector General, Wildlife Division, MoEFCC, Government of India, to ensure that necessary studies are undertaken and take appropriate action for its deployment”, it ordered and concluded.

Accordingly, the Apex Court disposed of the Writ Petitions and Civil Appeal and issued necessary directions.

Cause Title- M.K. Ranjitsinh & Others v. Union of India & Others (Neutral Citation: 2025 INSC 1472)

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