ILNS: Chief Justice S.A. Bobde demitted office on Friday April 23 after completing almost one-and-a-half years in the country’s top judicial post. His Supreme Court tenure was of seven years and 84 days. It was during CJI Bobde’s tenure that courts across India had to shut down due to the Covid-19 pandemic and most of the deliberations went online.

The following are some of his major judgments:

Firecracker ban

Every year in the recent past, there has been a ban on the sale of firecrackers in the National Capital Region. Last year as well, the court had ordered a ban on the sale and use of firecrackers due to pollution. Notably, a three-judge bench of the Supreme Court consisting of the then Chief Justice T.S. Thakur and Justices A.K. Sikri and Bobde, had given a judgment in 2016 suspending the sale of firecrackers in the NCR. It was the first such ban on sale of firecrackers.

Farm laws

The suspension of the government’s hastily passed farm laws by the Supreme Court for a period of 18 months was another major decision under CJI Bobde. The apex court in January this year stayed the implementation of the three farm laws that attracted farmers’ ire and subsequently protests. A three-judge bench led by CJI Bobde and comprising Justices A.S. Bopanna and V. Ramasubramanian ordered the formation of a four-member expert committee to look into the matter. One member, later, cried off the committee. The three controversial laws are The Farmers’ Produce Trade and Commerce (Promotion and Facilitation) Act, The Essential Commodities (Amendment) Act and The Farmers (Empowerment and Protection) Agreement on Price Assurance and Farm Services Act.

The Ram Janmabhoomi-Babri Masjid land dispute case

Justice Bobde was on the five-judge Constitution Bench that delivered a unanimous verdict on November 9, 2019, thus bringing the curtains down on the prolonged, politically sensitive and divisive legal battle.

The subject of innumerable acrimonious debates and speculation, this case, which is also India’s most controversial land dispute, had been pending in the courts since 1950. The bench led by former CJI Ranjan Gogoi (others on the bench being Justices D.Y. Chandrachud, Ashok Bhushan and Abdul Nazeer) ruled that the land belonged to the government, as per tax records. It ordered for the land to be handed over to a trust to build a Hindu temple and the Sunni Waqf Board to be allotted an alternate five acres to build a mosque.

Great Indian Bustard

To save the critically endangered Great Indian Bustard, the Supreme Court directed the governments of Rajasthan and Gujarat to replace overhead power cables with underground ones.

Hearing a plea on the death of a large number of Great Indian Bustards due to collisions with high-voltage power lines, the bench led by Chief Justice Bobde said all steps should be taken to protect the birds from getting electrocuted in their habitats in Gujarat and Rajasthan.

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The petitioner submitted that the Great Indian Bustard, a large bird, finds it difficult to manoeuvre easily in flight and gets electrocuted when it collides with overhead electricity transmission lines. 

The Supreme Court reserved its order on a plea to save the endangered Great Indian Bustard from high-voltage power lines as the birds were dying after colliding with power lines running through their dwindling natural habitats in Gujarat and Rajasthan.

Chief Justice of India S.A. Bobde had suggested that the land can be acquired for under-grounding of High-Voltage Power Lines. He responded to the submission made by Senior Advocate Manish Singhvi, who appeared for the State of Rajasthan, that Under-Grounding of Extra High-Voltage Power lines is technically impossible even in rural areas. Justice A.S. Boppana and Justice V. Ramasubramanian were also part of the bench.

Senior Advocate Shyam Divan, appearing for the petitioner, has submitted that overhead electricity lines should be made underground because they pose a threat of electrocution of the Great Indian Bustard because they are very heavy birds with a wingspan of two metres and they lack frontal vision therefore they collide with the overhead lines.

He said that the choice before us is either we underground the over head electricity lines or we let the Great Indian Bustard bird get electrocuted and become extinct. He said, “Unless the powerlines are mitigated the extinction of the Great Indian Bustard is certain.”

He told the court that Kutch in Gujarat and Thar in Rajasthan are the priority area where the Great Indian Bustard’s habitat lies.

Therefore, he prayed from the court that the electricity line in those area be made underground and suggested to the court that in the proximity area where the birds fly diverters should be installed.

He also informed the court that in Maharashtra, the electricity lines have been made underground to save the flamingo then why we can’t we do this to save the Great Indian Bustard?

The court asked Divan that how and who will bear the cost of undergrounding the electricity lines.

To which he suggested that it can be done in the following three ways:-

a. Nominal Increase in tariffs, which will be spread over a long period of time, which can be done by the Electricity Regulatory Authority under the provisions of Electricity Act after consulting with the body of experts.

b. The Electricity Companies are liable to bear the cost of undergrounding the electricity lines because they are bound under Section 135 of Companies Act 2013 which says that Corporate Entities are bound by the Corporate Social Responsibility obligation to save the ecosystem.

c. The cost of taking down the electricity line can be borne by the electricity companies or a mechanism can be developed to raise money according to Sections 3, 4, 5 and 6 of Compensatory Afforestation Act, 2016.

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Senior Advocate Dr. Manish Singhvi was appearing on behalf of the State of Rajasthan and ASG Aishwarya Bhati was appearing for the Centre and they both made the submission that there is no problem in undergrounding of Low Voltage electricity lines but it is not feasible to underground High Voltage Electricity lines.

ASG Bhati submitted that Under-Grounding of Power lines is impossible for High-Tension power lines. There is also a technical distinction between the transmission lines in Urban Areas and Rural Areas.

The CJI suggested it will be easier to make it underground. There are methods of insulation available which can be used. “How can you say under-grounding is difficult?” he asked.

“The only reason we are hearing you to give order which can be followed. It cannot be impossible to do under-grounding of power lines. Tell us impossibilities not difficulties. Difficulties can be countered,”

-said the CJI.

ASG replied that the NGT has also taken note of the fact that High Voltage power lines cannot be make underground. In no part of the world these high-voltage power lines have been made underground, she said.

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The bench then asked, “Then how come you have issued tender in past to underground the High Voltage lines?”

“There are lot of farm lands and open areas where there is no construction, it would be easy to make it underground as compared to cities which are crowded.”

Senior Advocate Abhishek Manu Singhvi, representing the National Solar Federation of India, submitted, if bench directs under grounding of lines through which solar power is transmitted, that cost will come on them therefore he prayed to the bench that any earlier contractual obligation between them and state should not be affected by the order of court in this matter.

The bench said that, “Why should we make observation on a contract which isn’t sub-judice before us?”

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The Supreme Court gave a directive to the government on the protection of Son Chiraiya or The Great Indian Bustard said, underground the low voltage transmission lines.

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The Supreme Court on Monday observed that overhead low voltage power lines should be laid underground and bird diverters should be installed at places where high voltage electricity lines cannot be moved underground.

Hearing a plea pertaining to the death of a large number of the endangered Great Indian Bustard due to collisions with high-voltage power lines, the bench led by Chief Justice S.A. Bobde observed that such steps should be taken to protect the birds from getting electrocuted in the eco-sensitive Kutch, Gujarat and Rajasthan.

During the hearing, Senior Advocate Shyam Divan, appearing on behalf of petitioner, argued that Article 48A of the Constitution of India imposes a duty on the government to protect and improve the environment and to safeguard forests and wildlife. 

He submitted that the cost of taking down the electricity line can be borne by the electricity companies or a mechanism can be developed to raise money according to Sections 3, 4, 5 and 6 of Compensatory Afforestation Act, 2016. 

Thereafter, Attorney General K.K. Venugopal submitted that only low voltage lines can be made underground as it is not technologically feasible to make the high voltage line underground. 

To which, Counsel Divan replied that undergrounding the electricity transmission line is the norm in the world and even the State of Maharashtra has taken such steps to prevent the electrocution of flamingos. 

Then, CJI Bobde said, “We don’t want to take all the overhead electricity lines.” He also asked Divan to point out the corridors where Great Indian Bustard birds fly with their accurate map. 

Senior Advocate Abhishek Singhvi, appearing for All India Solar Federation, made his submission that court should not order to take down solar panels as prayed in the PIL and gave reasons that India is becoming a non-fossil using country in accordance with the Paris agreement. 

Further, from the area of Kutch, Gujarat and Rajasthan, 100 Gigawatt energy is being produced and this industry has created 15,000 jobs and it has also seen over Rs 1 lakh crore investment, he submitted.

CJI Bobde then replied that this will become a losing battle for the Great Indian Bustard birds and we can’t let that happen. Thereafter, he asked Advocate Singhvi to file his counter-affidavit and listed the matter for hearing on next Wednesday. 

The petitioner had submitted that the Great Indian Bustard bird is a large bird and finds it difficult to maneuver easily in flight and would be electrocuted and killed upon colliding with overhead high tension electricity transmission lines. 

The petitioner has sought the Supreme Court‘s direction to the Centre to install bird diverters and take down overhead electricity transmission line and place it underground to protect the lives of the Great Indian Bustard.

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The Supreme Court bench led by the Chief Justice of India S.A. Bobde has asked Attorney General K.K. Venugopal to file an authentic report on the undergrounding of power cables while hearing a matter pertaining to the death of a large number of the endangered Great Indian Bustard due to collisions with high-voltage power lines. The Court adjourned the matter by two weeks.

Senior Advocate Shyam Divan appearing for the petitioner said the black and white maps which the court had directed to be submitted as coloured maps have been filed. AG Venugopal said he does not have the map, to which Divan said it has been filed on record.

The three-judge bench of Chief Justice Bobde, Justices A. S. Bopanna and V. Ramasubramanian said, “There is wide discrepancy on laying down underground cables.”

The bench said that somebody should give the bench an actual figure so the bench can decide on laying down underground cables.

The bench further asked AG Venugopal to file an authentic report on undergrounding the cable lines. All parties to give their suggestions on funding of the laying down of underground cable lines, said the Court and listed the matter after two weeks.

The Court was hearing the matter of the deaths of a large number of Great Indian Bustards due to collisions with high-voltage power lines. The plea has been filed by retired IAS officer M.K. Ranjitsinh.

The Court said that the Bustards are large birds and it is difficult for them to maneuver due to the high-tension power lines which obstruct their flight paths.

The Ministry of Environment and Forests (MoEF) had submitted before the Court that there is no other option but to lay power cables underground to protect the Great Indian Bustard and the Lesser Florican.

The bench had said,

“This is a larger bird which fly in a particular direction. To avoid power lines coming in the direction of flight path of the bird, it would be appropriate if they are laid down underground. Necessary changes can be made in the contract with the private companies for laying down underground cables.”

Advocates Sugandha Yadav, Shatadru Chakraborty and Sonia Dube, appearing for petitioner Ranjitsinh, had submitted before the bench that terms of reference had been prepared for the court appointed panel, which could be looked into the conservation of the Great Indian Bustard and the Lesser Florican.

The top court had earlier asked the MoEF to look into the terms of reference and file an affidavit in this regard.

The Counsel for the petitioner had suggested names of three experts — Sutirtha Dutta (scientist), Thulsi Rao, Director, Andhra Pradesh State Biodiversity Board (APSBB) and Samad Kottur, a lecturer in a government college in Karnataka — to be included in the panel appointed by the apex court as they deal largely with LF.

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The bench had accepted the suggestion while directing for the inclusion of the three experts in the panel. 

The National Green Tribunal has directed the installation of “bird diverters” on power lines on a priority basis in order to protect the critically endangered Great Indian Bustard (GIB).  

The NGT said, “Since the main reason for mortality of the GIBs is the collisions with power lines laid by the Wind/Solar Energy projects, crisscrossing their paths and under-grounding of transmission lines is not viable for the projects already completed, installation of the bird diverters to prevent such fatalities needs to be undertaken on priority basis expeditiously, preferably within four months.” 

It has further directed, “Under-grounding of transmission lines needs to be insured for all new projects henceforth, as recommended by the six-member expert committee, by making it mandatory condition for grant of consents under the Water/Air Acts by the concerned State PCBs which may be overseen by the CPCB and the MoEF&CC.”

“If consent is not required, even then under-grounding of transmission lines may be ensured. While granting such consents, impact of such projects on biodiversity of the area, specially in the context of GIBs, be undertaken,” the Tribunal said. 

It has directed the MoEF&CC/CPCB/State PCBs to take further action as per the plan suggested by the six-member committee appointed by the Tribunal itself. 

The directions are passed by the Principal Bench of National Green Tribunal headed by the Chairperson Adarsh Kumar Goel, S.K. Singh (Judicial Member), Dr. S.S. Garbyal (Expert Member) & Dr. Nagin Nanda (Expert Member), in the matter for protection of Great Indian Bustard (GIB)-rare bird and one of the critically endangered species. “Centre for Wildlife and Environment Litigation Vs Union of India & Ors”

The applicant has submitted that the population of GIB has steadily declined by 75% in the last 30 years. The main reason for such decline is fatal accidents with the power lines. This requires habitat improvement and conservation breeding. In the course of reviewing the project “Habitat Improvement of Great Indian Bustard-An Integrated Approach” of the MoEF, in a review meeting on 19/07/2018 it was noted that the wind projects did not require any EIA studies. There was also no substitute mechanism to ensure safeguards for protection of such birds on ‘Precautionary’ principle of Environment. 

As per the previous orders of the National Green Tribunal, the MoEF&CC has constituted a joint Committee of Six-Members and submitted its report on 22/12/2020, for the Conservation of Great Indian Bustard. The Committee was comprised of the following officials; 

1- Director General of Forest, MoEF&CC- Chairperson 

2- Additional Director General of Forest (Wildlife), MoEF&CC- Member Secretary

3- Nominee of Ministry of Power, Govt. of India.

4- Nominee of Ministry of New and Renewable Energy, Govt. of India. 

5- Nominee of Energy Department of Gujarat.

6- Nominee of Energy Department of Rajasthan. 

The Committee has suggested various measures and informed that the framework of the action plan has already been finalised but due to this Covid pandemic, they require six months time to finalise the action plan for GIB Conservation. 

The Court has considered the report submitted by the Committee and directed it to finalise the proposed action plan within two months. 

On one of the applications filed by the National Solar Energy Federation of India (NSEFI), the NGT was apprised that a similar matter was pending before the Supreme Court on the subject of an emergency response plan for protection and recovery of the GIBs. The applicant submitted that since the Supreme Court has taken cognizance of the matter and the order of the Tribunal will impact projects for generation of Solar & Wind energy which will be helpful for generating non-fossil energy to advance the Paris Agreement. 

The National Green Tribunal has said,

“We do not find any conflict in the order of this Tribunal and consideration by the Hon’ble Supreme Court. There is also no conflict with the projects for the generation of non-fossil energy. Protection of critically endangered species like GIBs cannot be ignored on the specious plea put forward by the NSEFI.”

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The Court disposed of the matter with a direction that necessary steps be taken for protecting critically endangered GIBs by installing the diverters on all existing power-lines, as suggested by the six-member Committee of the MoEF&CC. Monitoring of compliance be done, preferably by the Wildlife Institute of India at least twice a year.