NEW DELHI: Monitoring implementation of its earlier order of April 19, 2021 directing installation of bird diverters and moving overhead transmission lines underground in areas of Gujarat and Rajasthan, where the bird is predominantly found, the court said that any order passed by it should be "judicially manageable". The order was passed in a public interest litigation (PIL) filed by environment and wildlife activist MK Ranjitsinh and four others seeking measures to protect the GIB.
A bench headed by Chief Justice of India (CJI) Dhananjaya Y Chandrachud on Friday was confronted with applications filed by solar and wind energy-producing companies complaining that the top court's order was coming in the way of their business. The Union government also conveyed to the court the practical difficulties and the enormous cost involved in implementing the decision.
"We are conscious that we are dealing with an issue involving development where India has to achieve alternate energy goals. Our order has to balance both interests," said the bench, also comprising justices JB Pardiwala and Manoj Misra.
To be sure, any question of balance needs to factor in the possible extinction of the species in this case. By some estimates, there are around 100, and possibly fewer, GIBS in the wild.
The court asked Attorney General R Venkataramani to propose a way forward by February 9, the next date of hearing in an order which said, "The AG states that a comprehensive status report will be filed indicating the various steps by the Union government for preservation of GIB and ensure solar power is made available, considering India's commitment at the international level."
India has not had much success in conserving the GIB, once a candidate for its national bird. There were around 1200 GIBs in the wild in the 1960s.
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