Suo- Moto vs Principal Secretary, Department of Animal Husbandry

Instant public interest litigation was initiated by the Court to protect not only ecology but even migratory birds popularly called "Kurja" in the State of Rajasthan. These birds ''Demoiselle Cranes'' migrate from North part Russia, Ukraine and Kajakistan to the State of Rajasthan every winter season and the reason is the habitat available in village Khichan, in Phalodi Tehsil. The Court took cognizance of the fact that on account of high tension electricity lines being laid near the site where the migratory birds nest, large number of them are injured every year.

Article 48A of the Constitution of India enjoins upon the State to endeavour to protect and improve the environment and to safeguard the forests and wild life. Thus, the Court felt that it was the duty of the Court to ensure that the State takes appropriate measures for care and protection of these migratory birds.

Mr. M.S. Singhvi, Senior Counsel and Mr. Vineet Dave, Advocate were requested to assist the Court.

We place on record our gratitude and appreciation for the work put in by the learned Senior Counsel and the briefing counsel, not to miss to record the assistance given to this Court by the Additional Advocate General as also the officers of the State of Rajasthan.

Happily, the problem has been solved.

The State has examined the alignment of the 400 KV electricity line which was proposed to be established and was passing through the area of habitation of the migratory birds.

Five towers have been agreed to be shifted. There are towers No.83-0, 83-1, 83-2, 83-3 and 83-4. Under orders of this Court learned Amicus Curiae and the learned Additional Advocate General were directed to visit the site and submit a report. The said report was submitted and was placed for consideration before the State authorities. The report brought out inadequate land for feeding of the migratory birds. The State has since taken a decision to make available 3000 square meter land adjoining the land of the existing "Chuggaghar" so that the area of "Chuggaghar" can be increased by 3000 square meter. Another decision taken is to make available 400 bigha of land on the other side of the road in the vicinity of the "Chuggaghar". This would also augment feeding place for the migratory birds. The State has taken a decision that this 400 bigha of land would be used only as birds habitat and for no other purpose. The Tourism Department has 12 bigha of land in its possession near the site and the department proposes to develop tourism facilities including sitting places and watching towers for the bird lovers to watch these migratory birds.

The Tourist Department has also agreed that this 12 bigha of land would be appropriately fenced and the funds available under the MGNREGA Scheme would be used for said purpose.

There are three water bodies in the area which are essential for the birds to nest. At present there is inadequate water in these three water bodies.

In view of the compliance report submitted on behalf of the State, reference wherefor we had made hereinabove wherein the commitments by the State have been referred the only further direction which needs to be issued is that the State would ensure that the three water bodies are filled with adequate water from the month of August each year and it be ensured that adequate water remains in three water bodies till the month of February of the next ensuing year. Learned Senior Counsel appointed as Amicus Curiae states that there is a lift canal passing by at a distance of about 2-3 kilometers from the site of these water bodies and prays for a direction to be issued that adequate water be made available to the water bodies from the lift canal. Learned counsel for the State submits that the State would ensure adequate water at the three water bodies and should alternative source to bring water to the water bodies be available the same source would be sourced to bring water, failing which the State would ensure that water from the lift canal is used to augment the availability of water in the three water bodies from the month of August each year till the month of February next ensuing year.

Taking on record the commitments of the State referred to hereinabove and binding the State to the same and passing additional direction concerning augmenting water at the three water bodies in the area, we dispose of the writ petition.