• Judiciary’s Evolving Role in Development
• Adv. Ratnesh Mishra
Sprouts Legal News Network
As a pillar of democracy, the judiciary plays a crucial role in shaping India’s economic and infrastructure growth. In recent years, judicial decisions have increasingly supported the nation’s development agenda, ensuring a balance between environmental concerns and industrial expansion. This shift in judicial stance has positively impacted various sectors, including energy, telecommunications, and power transmission.
Sprouts News has closely monitored how courts are facilitating crucial projects while maintaining a commitment to environmental sustainability. Maharashtra, a key player in India’s power sector, generates only 15,000 MW of its 43,254 MW installed capacity, leading to energy shortages. Given that India still derives 55% of its energy from coal and only 11-12.5% from hydroelectric sources, there is an urgent need for new power projects. However, these initiatives often face legal hurdles in the form of Public Interest Litigations (PILs), particularly on environmental and land acquisition grounds. Courts are now demonstrating a pragmatic approach by expediting approvals without compromising ecological integrity.
• Case Study: Jaitapur Nuclear Power Project
The Jaitapur Nuclear Power Project in Maharashtra’s Ratnagiri district exemplifies the judiciary’s role in supporting large-scale energy projects. Despite opposition through a PIL filed in the Bombay High Court in 2009, Justice Ranjana Desai dismissed the petition, and the Supreme Court upheld this decision. A subsequent challenge before the National Green Tribunal (NGT) by Janhit Samiti also failed. The central government finally approved the project on November 28, 2010.
With an investment of ₹1 lakh crore, Jaitapur will be India’s largest nuclear power facility, generating 9,900 MW. The project will use advanced reactor designs following the Fukushima incident, ensuring enhanced safety. Of the 938 hectares acquired for the project, 95% of landowners (1,845 individuals) accepted compensation, signaling broad local acceptance. With permissions secured, the only pending aspect is the reactor delivery from France.
• Judicial Precedents in Power and Infrastructure
The judiciary’s development-friendly approach extends beyond Jaitapur. In Tamil Nadu, the Kudankulam Nuclear Power Project faced legal challenges after the Fukushima disaster, with a PIL in the Madras High Court questioning its safety. The court dismissed the petition, emphasizing a balanced approach to safety, environment, and technology.
Similarly, in Gujarat and Rajasthan, a ban on high-voltage power lines over 80,680 square kilometers was imposed due to their potential impact on the Great Indian Bustard. However, on March 22, 2024, the Supreme Court limited the ban to 13,663 square kilometers, ruling that an outright underground transmission mandate was impractical. The bench, led by then CJI DY Chandrachud, recommended forming an expert committee to mediate the issue. This decision protected both the energy sector’s interests and wildlife conservation efforts.
• Land Acquisition and Compensation Reforms
Land acquisition delays have historically impeded infrastructure projects. To address this, Maharashtra introduced a revised compensation policy in 2022, ensuring landowners receive twice the highest land rate based on Ready Reckoner values or historical land prices. Under the new guidelines, compensation is applicable even when transmission lines pass over a field without a tower. This policy has accelerated project execution, ensured fair compensation while expediting development.
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• India’s Expanding Transmission Network
The revised 2023 Electricity Act sets an ambitious target of establishing 51,000 km of transmission lines by 2030. By 2023, the national grid had already synchronized 14,390 circular kilometers of transmission lines, marking a 224.17% increase in inter-regional transmission capacity over nine years. Such progress underscores India’s commitment to fortifying its energy infrastructure.
• Telecom Reforms and Judicial Backing
Sprouts News has observed that judicial support extends beyond power projects. The 2023 Telecommunications Bill replaced outdated laws, aligning the sector with modern demands. Unlike power and finance, where regulatory bodies play a key role, telecom development remains under direct government oversight. The bill streamlines permissions for infrastructure expansion on both public and private land while upholding fair competition. The judiciary’s stance has been instrumental in ensuring that regulatory roadblocks do not hinder telecom growth.
• Ensuring Balanced Growth
The judiciary’s evolving role has fostered an environment where infrastructure projects can move forward with greater efficiency. Courts have prioritized legal enforcement while expediting approvals, significantly reducing bureaucratic delays. Additionally, the government’s proactive stance on land acquisition compensation under the Land Acquisition, Rehabilitation, and Resettlement Act, 2013, has reduced resistance from affected communities.
Sprouts News believes that a fine balance between judicial oversight and development aspirations is key to India’s progress. While legal interventions remain essential to safeguard public and environmental interests, courts have demonstrated an encouraging shift towards pragmatic decision-making. This judicial approach is paving the way for smoother, more effective execution of critical infrastructure projects, ensuring that India meets its developmental goals while maintaining sustainable growth.
(The author is a Senior Counsel of the Bombay High Court and regularly writes on legal matters for national and international magazines. He is also part of the legal team of Sprouts newspaper.)