AI Structured Summary
Not yet generated for this judgment
Judgment
Prayers in the application are:-
“a. Direct Respondents and more particularly Respondent No. 01, Respondent No. 02 and Respondent No. 03 to conduct joint audit for finding out whether the power transmission line companies have installed poor quality of BIRD FLIGHT DIVERTERS in GIB HABITAT.
b. Direct Respondent No. 01 to prosecute the erring Power Transmission Line Companies who have failed to comply with the Order dated 23/12/2020 issued in O.A. No. 385 of 2019 under the law of the land and more specifically under Environment (Protection) Act – 1986, Wild Life Protection Act-1972 and Biological Diversity Act - 2002
c. Direct Respondents to blacklist the Power Line Transmission Companies who have installed the POOR QUALITY OF BIRD FLIGHT DIVERTERS and as such have failed to comply with the Order dated 23/12/2020 issued in O.A. No. 385 of 2019.”
Case set out in the application is that installation of bird diverters is necessary to protect critically endangered Great Indian Bustards for which an order has been passed by this Tribunal on 23.12.2020 in O.A. No. 385/2019, Centre for Wildlife and Environment Litigation vs. Union of India & Ors. but the diverters being installed are of poor quality.
We have heard learned Counsel for the applicant.
We do not find it possible to consider the question of quality of the bird flight diverters as quality is a matter of opinion and in the domain of commercial considerations, which can be better gone into by the concerned statutory authorities/Departments.
The application is accordingly disposed of.