Page No.# 1/11 GAHC010281772023 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : PIL/83/2023 EARLY BIRDS A REGISTERED SOCIETY AND A NATURE CARE GROUP REP BY ITS PRESEDENT MR. MOLOY BARUAH S/O LT ASWINI KANTA BARUA AGE ABOUT 69 HAVING ITS REGISTERED OFFICER AT 26 SURAJMUKHI CHANDMARI P.O. SILPUKHURI GUWAHATI DIST. KAMRUP M ASSAM PIN 781003 VERSUS THE UNION OF INDIA AND 15 ORS REPRESENTED BY ITS SECRETARY MINISTRY OF ENVIRONMENT FOREST AND CLIMATE CHANGE A 306 3RD FLOOR AGNI BLOCK INDIRA PARYAVARAN BHAWAN JOR BAGH ROAD ALOGANJ NEW DELHI 110003 2:THE INSPECTOR GENERAL OF FOREST MINISTRY OF ENVIRONMENT FOREST AND CLIMATE CHANGE INTEGRATED REGIONAL OFFICE 4TH FLOOR HOUSEFED BUILDING G S ROAD RUKMINIGAON GUWAHATI DIST. KAMRUP M PIN 781022 3:THE MINISTRY OF POWER REP BY ITS SECRETARY SHRAM SHAKTI BHAWAN RAFI MARG NEW DELHI PIN 110001 4:THE CENTRAL ELECTRICITY AUTHORITY REP BY ITS CHAIRPERSON 36 SECTOR 5 RAMA KRISHNA PURAM NEW DELHI 110066 5:THE STATE OF ASSAM REP BY ITS CHIEF SECRETARY THE GOVT OF ASSAM ASSAM SECRETARIAT DISPUR GUWAHATI DIST. KAMRUP METRO ASSAM PIN 781006 Page No.# 2/11 6:THE DEPTT OF ENVIRONMENT AND FOREST REPBY ITS ADDITIONAL CHIEF SECRETARY TO THE GOVT ASSAM ASSAM SECRETARIAT DISPUR GUWAHATI DIST KAMRUP METRO ASSAM PIN 781006 7:THE DEPTT OF POWER ELECTRICITY REP BY ITS PRINCIPAL SECRETARY TO THE GOVT ASSAM ASSAM SECRETARIAT DISPUR GUWAHATI DIST KAMRUP METRO ASSAM PIN 781006 8:THE PRINCIPAL CHIEF CONSERVATOR OF FOREST AND HEAD OF FOREST FORCE DEPTT OF ENVIRONMENT AND FOREST THE GOVT OF ASSAM ARANYA BHAVAN PANJABARI GUWAHATI DIST KAMRUP M ASSAM PIN 781037 9:THE PRINCIPAL CHIEF CONSERVATOR OF FOREST WILDLIFE DEPTT OF ENVIRONMENT AND FOREST THE GOVT OF ASSAM ARANYA BHAVAN PANJABARI GUWAHATI DIST KAMRUP M ASSAM PIN 781037 10:THE NODAL OFFICER (FOREST CONSERVATION ACT 1980) ASSAM AND THE CHIEF CONSERVATOR OF FOREST DEPTT OF ENVIRONMENT AND FOREST THE GOVT OF ASSAM ARANYA BHAVAN PANJABARI GUWAHATI DIST KAMRUP M ASSAM PIN 781037 11:THE DIVISIONAL FOREST OFFICE AIE VALLEY DIVISION BONGAIGAON BRPARA NEAR SWAHIDBEDI BONGAIGAON DIST BONGAIGAON ASSAM PIN 783380 12:THE CONSERVATOR OF FOREST (LOWER ASSAM SOCIAL FORESTRY CIRCLE) BONGAIGAON DOLAIGAON BONGAIGAON PIN 783380 13:THE NANGALBIBRA BONGAIGAON TRANSMISSION LTD (STERLITE POWER) REP BY ITS MANAGING DIRECTOR DLF CYBER PARK TOWER B 9 TH FLOOR UDYOG VIHAR PHASE III SECTOR 20 DIST. GURUGRAM HARYANA PIN 122008 14:BHASAKAR SINGH RAWAT CHIEF MANAGER NANGALBIBRA BONGAIGAON TRANSMISSION LTD DLF 2ND FLOOR SAMRIDHI COMPLEX NEW MARKET PANCHARATNA ROAD DIST. GOALPARA ASSAM PIN 783101 15:THE PFC CONSULTING LTD REP BY ITS CHAIRMAN AND MANAGING DIRECTOR FIRST FLOOR UIRJANIDHI 1 BARAKHAMBA LANE CONNAUGHT PLACE NEW DELHI Page No.# 3/11 110001 16:THE SECRETARY TO THE GOVT OF ASSAM DEPTT OF ENVIRONMENT AND FOREST ASSAM SECRETARIAT DISPUR GUWAHATI KAMRUP METRO ASSAM PIN 78100 Advocate for the Petitioner : MR A K DAS, Advocate for the Respondent : DY.S.G.I., MR. D DEKA (R-13,14),MR. C P SHARMA (R- 13,14),SC, FOREST,GA, ASSAM Linked Case : I.A.(Civil)/193/2024 EARLY BIRDS A REGISTERED SOCIETY AND A NATURE CARE GROUP REP BY ITS PRESEDENT MR. MOLOY BARUAH S/O LT ASWINI KANTA BARUA AGE ABOUT 69 HAVING ITS REGISTERED OFFICER AT 26 SURAJMUKHI CHANDMARI P.O. SILPUKHURI GUWAHATI DIST. KAMRUP M ASSAM PIN 781003 VERSUS THE UNION OF INDIA AND 14 ORS REPRESENTED BY ITS SECRETARY MINISTRY OF ENVIRONMENT FOREST AND CLIMATE CHANGE A 306 3RD FLOOR AGNI BLOCK INDIRA PARYAVARAN BHAWAN JOR BAGH ROAD ALOGANJ NEW DELHI 110003 2:THE INSPECTOR GENERAL OF FOREST MINISTRY OF ENVIRONMENT FOREST AND CLIMATE CHANGE INTEGRATED REGIONAL OFFICE 4TH FLOOR HOUSEFED BUILDING G S ROAD RUKMINIGAON GUWAHATI DIST. KAMRUP M PIN 781022 3:THE MINISTRY OF POWER REP BY ITS SECRETARY SHRAM SHAKTI BHAWAN RAFI MARG NEW DELHI PIN 110001 4:THE CENTRAL ELECTRICITY AUTHORITY REP BY ITS CHAIRPERSON 36 SECTOR 5 RAMA KRISHNA PURAM NEW DELHI 110066 Page No.# 4/11 5:THE STATE OF ASSAM REP BY ITS CHIEF SECRETARY THE GOVT OF ASSAM ASSAM SECRETARIAT DISPUR GUWAHATI DIST. KAMRUP METRO ASSAM PIN 781006 6:THE DEPTT OF ENVIRONMENT AND FOREST REPBY ITS ADDITIONAL CHIEF SECRETARY TO THE GOVT ASSAM ASSAM SECRETARIAT DISPUR GUWAHATI DIST KAMRUP METRO ASSAM PIN 781006 7:THE DEPTT OF POWER ELECTRICITY REP BY ITS PRINCIPAL SECRETARY TO THE GOVT ASSAM ASSAM SECRETARIAT DISPUR GUWAHATI DIST KAMRUP METRO ASSAM PIN 781006 8:THE PRINCIPAL CHIEF CONSERVATOR OF FOREST AND HEAD OF FOREST FORCE DEPTT OF ENVIRONMENT AND FOREST THE GOVT OF ASSAM ARANYA BHAVAN PANJABARI GUWAHATI DIST KAMRUP M ASSAM PIN 781037 9:THE PRINCIPAL CHIEF CONSERVATOR OF FOREST WILDLIFE DEPTT OF ENVIRONMENT AND FOREST THE GOVT OF ASSAM ARANYA BHAVAN PANJABARI GUWAHATI DIST KAMRUP M ASSAM PIN 781037 10:THE NODAL OFFICER (FOREST CONSERVATION ACT 1980) ASSAM AND THE CHIEF CONSERVATOR OF FOREST DEPTT OF ENVIRONMENT AND FOREST THE GOVT OF ASSAM ARANYA BHAVAN PANJABARI GUWAHATI DIST KAMRUP M ASSAM PIN 781037 11:THE DIVISIONAL FOREST OFFICE AIE VALLEY DIVISION BONGAIGAON BRPARA NEAR SWAHIDBEDI BONGAIGAON DIST BONGAIGAON ASSAM PIN 783380 12:THE CONSERVATOR OF FOREST (LOWER ASSAM SOCIAL FORESTRY CIRCLE) BONGAIGAON DOLAIGAON BONGAIGAON PIN 783380 13:THE NANGALBIBRA BONGAIGAON TRANSMISSION LTD (STERLITE POWER) REP BY ITS MANAGING DIRECTOR DLF CYBER PARK TOWER B 9 TH FLOOR UDYOG VIHAR PHASE III SECTOR 20 DIST. GURUGRAM HARYANA PIN 122008 14:BHASAKAR SINGH RAWAT CHIEF MANAGER NANGALBIBRA BONGAIGAON TRANSMISSION LTD DLF 2ND FLOOR SAMRIDHI COMPLEX NEW MARKET PANCHARATNA ROAD Page No.# 5/11 DIST. GOALPARA ASSAM PIN 783101 15:THE PFC CONSULTING LTD REP BY ITS CHAIRMAN AND MANAGING DIRECTOR FIRST FLOOR UIRJANIDHI 1 BARAKHAMBA LANE CONNAUGHT PLACE NEW DELHI 110001 16:THE SECRETARY TO THE GOVT OF ASSAM DEPTT OF ENVIRONMENT AND FOREST ASSAM SECRETARIAT DISPUR GUWAHATI KAMRUP METRO ASSAM PIN 781006 ------------ For petitioner/appellant(s) : Mr. A. K. Das, Advocate For respondent(s) : Mr. D. Gogoi, SC, Forest Mr. C. P. Sharma, Sr. Advocate (through video conferencing) Mr. N. Khera, Advocate Ms. R.B. Bora, GA, Assam – BEFORE – HON’BLE THE CHIEF JUSTICE MR. ASHUTOSH KUMAR HON’BLE MR. JUSTICE ARUN DEV CHOUDHURY 28.07.2025 (Ashutosh Kumar, CJ) We have heard Mr. A. K. Das, learned counsel for the petitioner; Mr. D. Gogoi, learned Standing Counsel, Forest Department; Mr. C. P. Sharma, learned Senior Advocate for respondent Nos. 13 and 14 and Ms. R.B. Bora, learned Junior Government Advocate, Assam. The petitioner herein is a nature care group called “Early Birds”. A concern has been shown by the petitioner seeking intervention against the “forest clearance” granted for a transmission line project in Bhairab Reserve Forest, Assam. Page No.# 6/11 The prime concern of the petitioner is that the project was highly avoidable and the purpose could have been achieved if another route outside the periphery of the forest area could have been thought of. The reason for saying so is that the Bhairab Reserve Forest is one of the few forests where Golden Langur, which are only 150 in number by now and the species is endemic, inhabit. With the transmission route passing through the heart of the Bhairab Reserve Forest, it is for sure that several hundreds of trees would have to be felled. Since Langurs are arboreal creatures, they would not have any place to climb upon and rest and, perhaps, would see the transmission towers as the place where they could hang on, which ultimately might lead to their electrocution. The concern is genuine. In this PIL, the petitioner has challenged the Stage-I forest clearance issued by the Inspector General of Forest, Guwahati, which facilitated the subsequent approval for felling of trees by the government. Mr. Das, learned counsel for the petitioner has pointed out that the Forest Department was very clear in its approach that any transmission line through the forest, which would necessitate felling of trees, would only disturb the natural habitat for the endangered species. However, later, a committee of the higher functionaries of the Forest Department was constituted, wherein this proposal for construction of 400 KV Double Circuit Bongaigaon Nangalbibra Transmission Line was discussed, particularly, with respect to the feasibility of diverting the transmission line so that it would not have deleterious effect on the forest species. The committee comprised the PCCF & CWLW, Government of Assam; Nodal Officer, FC Act, Government of Assam; Wildlife Consultant, O/o PCCF & CWLW, Assam; CF, LASFC, Bongaigaon, AFS, Senior Wildlife Warden, Page No.# 7/11 O/o, PCCF & CWLW, Assam and DFO, Aie Valley Division. This committee held a meeting with the User Agency (respondent Nos. 13 and 14). The meeting was presided over by the Principal Chief Conservator of Forests and the Chief Wildlife Warden, Government of Assam. The committee recommended the project but with certain caveats. It was decided that the User Agency shall keep a minimum of 15 meters of ground clearance, whereas in usual practice for erecting electric transmission towers, only 9 meters ground clearance is insisted for. Such a high ground clearance was thought of only for the reason of not harming any arboreal species. The User Agency was also directed to adopt a three-layer protection measure for ensuring complete safety and minimum interference with the fauna. These measures would include barbed fencing of tower area, special tower design having soft material anti-climbing guards and anti-climbing canopy, which will restrict the animals, particularly, the Golden Langurs, from climbing on the towers. The User Agency shall prepare and submit WL Management Plans suggested by Forest & WL Department. Felling of trees would be resorted to only in the proposed tower locations and shall normally be avoided in other areas. That apart, it was also decided that the User Agency shall provide fund and support with 10 nos. of JFMCs for five years in and around the Bhairab Reserve Forest and other nearby forests which are habitat for Golden Langur for taking up Entry Point activity, livelihood activities, eco-tourism facilities and capacity building for local youth. Mr. Sharma, learned counsel for the User Agency (respondent Nos. 13 and 14) has stated that all these directions and caveats were followed in letter and spirit and there has been no complaint in that regard. He has also shown photographs which have been brought on record, clearly demonstrating that the Page No.# 8/11 ground clearance of the towers is high enough and all these towers are equipped with anti-climbing guards and canopies, which, to a large extent, would avoid any casualty. Mr. Das, learned counsel for the petitioner, thereafter, has submitted that a novel procedure was adopted by the Government of Assam in allowing the User Agency to proceed and continue with the work. But the Stage-I clearance is not the licence to begin such work, which is not typically a forest activity, but is dependent on Stage-II clearance, which is to be given by the Union of India. Even if the Union Government has given the clearance, the procedural lapse on the part of the State of Assam would be evident as the work should have started only after the Stage-II clearance and not before. In response to the afore-noted contention, Mr. Sharma, learned counsel for the User Agency has submitted that vide a Notification dated 28.08.2015, issued by the Ministry of Environment, Forests and Climate Change (Forest Conservation Division), addressed to the Principal Secretaries (Forest), All State Governments/Union Territory Administrations, it was made clear that to facilitate speedy execution of projects involving linear diversion of forest land, such as, laying of new roads, widening of existing highways, transmission lines, water supply lines, optic fiber cabling, railway lines, etc., in principle, approval under the Forest (Conservation) Act, 1980, issued by the Central Government may be deemed as the working permission for tree cutting and commencement of work, if the required funds for compensatory afforestation, Net Present Value (NPV), wildlife conservation plan, plantation of dwarf species of medicinal plants, and all such other compensatory levies specified in the in-principle approval are realised from the User Agency and, where necessary, for compensatory afforestation, transfer and mutation of non-forest/revenue forest land in favour Page No.# 9/11 of State Forest Department is affected. The State Forest Department is represented by Mr. D. Gogoi, who has submitted that the entire construction work of all the towers, through which the transmission line would be set up, has been completed. In fact, the only thing required is the charging of the Feeder Counter from where the electricity would be transmitted through the lines to the State of Meghalaya and other States. Even with respect to the issue of diverting the route of such transmission, it has been argued by the State Forest Department and the User Agency that necessary care was taken that the most feasible and the least disturbing route was adopted. In fact, three alternative routes were studied, largely by maximising linear siding opportunities, and every effort was made to avoid forest area and the alignment was done with minimum crossing of the forest area. The route chosen has caused least impact. It was precisely on this assessment that the alignment was selected. It has also been argued that the transmission line so laid will not bifurcate the forest landscapes as it is overhead in nature and has long span of cable stringing connecting the towers with additional ground clearance/space beneath the towers and conductors. Thus, it has been asserted that the transmission route chosen was the best route involving forest area, which was unavoidable, and care was taken to utilise such forest area to the barest minimum, which was essentially required for the project. With this transmission line, this Court has been informed, some of the villages of the State of Meghalaya would receive electricity for the first time. Page No.# 10/11 There can be no doubt that electricity moves the Nation. Equally important is the forest life and the necessity of preservation of forests. A balance has to be struck. Developmental process cannot be stopped, but with least damage to the eco-system. We are absolutely conscious of the importance of maintaining of eco- system with least intrusion, but, at the same time, cannot put a Nelson’s eye to the developmental process, in the heart of which electricity remains the prime mover. Since the project is complete with no casualties reported, we believe that all necessary care and precautions have been taken. Nonetheless, we do agree with the submissions made by Mr. Das, learned counsel for the petitioner that it would require constant monitoring for which a special committee be directed to be constituted, which would report about any breach or any difficulty arising in the meantime after the transmission line is charged. Even if all care has been taken to prevent the decimation of the endangered species of Golden Langurs, it is to be seen whether such protective measures have proved effective; which assessment can be made only after the transmission line is charged. For that purpose, we observe that the State in its Forest and Electricity Department shall have a committee constituted to assess the impact of the transmission line and, in case of any need, suggest ways and measures to reduce and manage the damaging factors. For the reasons stated above, we do not consider it necessary, now, to continue with this petition. Page No.# 11/11 Hence, we close it. The State shall, however, endeavour to have constituted a committee at the earliest so that the concern of the petitioner does not remain unaddressed. Interlocutory Application, if any, stands closed. JUDGE CHIEF JUSTICE Comparing Assistant