Supreme Court says protection of critically endangered bird non-negotiable, notes people ‘guests in the Great Indian Bustard’s abode’

While accepting the recommendations of the committee, the bench formally designated 14,013 square kilometer in Rajasthan and 740 square kilometer in Gujarat as “revised priority areas”. These zones are considered essential for the GIB.

Notably, the court paid homage to the Bishnoi community and late Radheshyam Bishnoi, known as the “godawan man”, underscoring their tradition of eco-veneration was a classic example of harmony with nature that modern development must now emulate.

The bench went ahead to quote “My Head for a Tree” authored by Martin J Goodman as saying, “Luckily for one giant bird, they have such eyes. For millions of years, way before primates evolved into humans, they used this lateral vision to thrive in desert lands. This is the Great Indian Bustard, the State bird of Rajasthan. It’s over three foot tall and weighs forty pounds, about as big as a bird can be and still be able to take wing. A bird that big should be easy to find. Then people came and built wind turbines, and cables between tall pylons to ferry to the city electricity garnered from desert winds. Now the species is almost extinct.”

The top court also referred to folklore, saying the survival of the bird was a” shared cultural responsibility” for it represents not just a species but the unique natural heritage and resilience of the arid landscapes.

The court quoted the folklore text, when translated, says, “The pearl of the desert land, my dear Godawan; It walks with a slow, graceful gait, my stylish Godawan; On the land of the sand dunes, my Godawan wanders tallest among all the birds, my beloved Godawan.”

Key findings

• Directors are now legally mandated to act in good faith not just for members, but for the “best interests of the company, its employees, the shareholders, the community, and for the protection of environment.”
• This crucial expansion recognizes that a corporation is an organ of society, and its “social” responsibility extends to the wider community impacted by its operations.
• The definition of “community” within the CSR framework has been expanded to explicitly include the natural world, cementing the link between social welfare and environmental health.
• Schedule VII of the Companies Act, 2013 enumerates permissible CSR activities, specifically listing “ensuring environmental sustainability, ecological balance, protection of flora and fauna, animal welfare, and conservation of natural resources.”
• A corporation, as a legal person and a key organ of society, shares this fundamental duty. CSR funds are the tangible expression of this duty. Consequently, allocating funds for the protection of environment is not a voluntary act of charity but a fulfilment of a constitutional obligation.
• 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.

Directions 

• 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.
• The measures recommended by the committee for in-situ and exsitu conservation of GIB within the priority areas of Rajasthan and Gujarat shall be implemented forthwith.
• Recommendation of the committee for the conduct of long-term studies on the effects of climate change on GIB must be conducted.
• 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.
• 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.
• Restrictions as stipulated by the committee on future renewable energy projects within the Revised Priority Areas of Rajasthan are approved.

Background

The plea filed by M K Ranjitsinh in 2019 had sought immediate directions for the conservation of the bird species, besides the Lesser Florican (LF) species.

In 2021, the top court had initially issued a blanket ban on overhead electricity lines across 99,000 square kilometer to preserve the species, ordering them to be placed underground within a year

The government challenged the order in 2024, arguing that undergrounding of high-voltage lines was technically impossible in the desert sands and would release massive carbon emissions if renewable goals were not met.

The court subsequently modified its order and appointed an expert committee to find a “delicate balance”. Later, the expert committee submitted its recommendation report to the court.