Time to Move from Anthropocentric to Ecocentric

In Depth

Time to Move from Anthropocentric to Ecocentric

Tagore Yaragorla | July 2021

Apex court of India passed directions regarding the under-grounding of overhead electric lines in Rajasthan and Gujarat in order to protect Great Indian Bustard from extinction.

Supreme Court(SC) On April 19, 2021, the three Judge Bench of the Hon’ble Supreme Court of India has issued its Order in the Writ Petition in the nature of public interest to take measures to protect the Great Indian bustard (GIB) and Lesser Florican which are on the brink of extinction.

Wherein, SC referred a landmark judgement, Centre for Environmental Law, World Wide Fund – India Vs. Union of India & Ors., (2013) 8 SCC 234, and observed that “No species can survive on the brink of extinction indefinitely and that the continued existence of any species depends upon various factors like human-animal conflict, epidemics, forest fire and other natural calamities, etc.” Human interest does not take automatic precedence and humans have obligations to nonhumans, independently of human interest…. 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 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.

SC further directed insofar as the existing overhead powerlines are concerned the respondents shall take steps forthwith to install divertors and in respect of existing overhead powerlines all future cases of installing the transmission lines a study shall be conducted with regard to the feasibility for the lines to be laid underground. In all such cases where it is feasible, steps shall be taken to lay the transmission line underground. For the lines to be laid in future if as per the technical report the overhead line alone is feasible and the same is ratified by the 3 members Committee(members from MNRE, WII & The Corbett Foundation), in such event the installation of the divertors shall also be a condition attached in the contract to be entered with generating companies.

The SC order is appliable to all transmission lines passing through GIB Priority and Potential areas.

OPERATIVE PORTION OF THE ORDER “18.

In all cases where the overhead powerlines exist as on today in the priority and potential GIB area the respondents shall take steps forthwith to install divertors pending consideration of the conversion of the overhead cables into underground powerlines. In all such cases where it is found feasible to convert the overhead cables into underground powerlines the same shall be undertaken and completed within a period of one year and till such time the divertors shall be hung from the existing powerlines.

FEASIBILITY

It’s evident on face of the order that such undergrounding of high voltage transmission lines involve several hurdles including Technical, hence appointed a committee for assessing the feasibility of laying underground high voltage transmission lines, if respondents feel otherwise. It’s relevant to note the observation of Hon’ble Justice of India that laying of High Voltage transmission lines require technical evaluation on caseto-case basis and an omnibus conclusion cannot be reached laying down a uniform method and direction cannot be issued unmindful of the situation.

BENEFIT OF PASS THROUGH

The expenses incurred will have to be provided by the State & Central Government under the schemes available or by earmarking the same.
In cases where the power generators are required to bear the additional amount adding to the cost of the production, it would be open to regulate the manner in which the cost would be mitigated in accordance with contractual terms.
It would be permissible to pass on a portion of such expenses to the ultimate consumer subject to approval of the Competent Regulatory Authority.

CRITICAL POINTS

Whether the;

developers can approach the Committee for undergrounding low voltage transmission lines or not, if it’s not feasible
existing land laws would permit to go underground beyond 7 feet for the transmission lines, in forest/canals/farms
DisComs/TransCos/PGCIL would bear or pass it to the ultimate consumers
Whether the timeline of one year is applicable from the date of Committee’s confirmation or the date of order
Guidelines would be issued by the Committee for feasibility
State and the Central Government to provide for the expenses incurred either under the schemes available or by earmarking the same or be reimbursed

This order raises multiple discussion on RE projects inter alia category of white industries, which is practically nonpolluting, will not require environmental clearance and consent, and necessity of ESIA study, while protecting the principles like sustainable development, pulluterpays, intergenerational equity have their roots in anthropocentric principles.

About Author

Tagore Yaragorla

Tagore Yaragorla is currently working as Head-Legal with SB Energy (SoftBank Group) and part of its Leadership team. He has diverse experience of around 20 years in all areas of legal, Project Development, Financing, M&A, Compliance, Regulatory, Governance, Risk management and Leading teams in India and abroad. He has considerable experience in Renewable Energy, Infrastructure, Telecom, Banking & IT. He also represented in high-profile commercial litigation, dispute resolution, class action suits and Arbitration matters.