CSR Includes Environmental Duty; Great Indian Bustard Priority Areas Fixed, New Wind Turbines Barred: Supreme Court

The writ petition under Article 32, filed in 2019, seeks protection of the Great Indian Bustard and the Lesser Florican, both on the verge of extinction (paras 6, 9). An order of 19.04.2021 restricted overhead transmission lines over about 99,000 square kilometres (para 11). On 21.03.2024 the Court modified that order and appointed an Expert Committee (paras 14-16). The Committee reported for Rajasthan on 03.09.2024 and later for Gujarat (para 20). Renewable energy generators objected to parts of the reports, while the petitioners accepted most recommendations but sought wider measures, including bird flight diverters on all lines (paras 26, 41-44).

Adding 850 sq. km to the Rajasthan priority area was within the Committee's mandate, and the Court would not revisit the 2 MW solar threshold fixed by experts without a compelling reason (para 26). Handing undergrounding decisions to the Central Electricity Authority would only delay measures where time is of the essence (paras 27-28). The harm from transmission lines does not depend on whether the power is solar or wind (para 34). Section 135 and Schedule VII of the Companies Act, 2013 and Article 51A(g) mean that social responsibility must include environmental responsibility, and CSR spending on the environment fulfils a constitutional obligation (paras 35-38). Under the polluter pays principle, companies threatening habitats bear the cost of species recovery, and CSR funds must go to in-situ and ex-situ conservation (para 39). The Committee's exclusion of the 657 sq. km Rasla area rested on field visits, and its measures were adequate (paras 52, 57). Bird flight diverters were not ordered, since deployment turns on their effectiveness and maintenance; further studies and a pilot project by another agency were directed (paras 61-63). Mining stays under the existing statutory regimes (para 68).