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2015 DIGILAW 1281 (PAT)

Union of India v. State of Bihar

2015-10-01

AJAY KUMAR TRIPATHI

body2015
ORAL ORDER : The General Manager, East Central Railway, Hajipur, District-Vaishali, filed the writ application for quashing Memo No.340 dated 13.04.2007(Annexure-2) as well as Memo No.902 dated 06.09.2007 (Annexure-8). By virtue of the said communications statutory instructions were issued to the railways by the Chief Conservator of Forests cum Chief Wildlife Warden, in exercise of power under section 33 of the Wildlife (Protection) Act, 1972. The reason for issuance of such directives would be evident from reading of the two impugned orders or communications. 2. Matter was taken up for consideration and the State authorities took a very firm view that there were reasons for issuance of such directives in the interest of protecting rare species of wildlife which are being run over by the trains on Chhitauni Bagha Road cum Rail line. They have given a long list of instances. The Court instead of dismissing the writ application outright because communications did not seem to suffer from any legal vice, tried to evolve a methodology by which both the conflicting interests could be reconciled by taking certain immediate remedial measures. 3. Affidavits of many kinds came to be filed. A modality was also worked out between the State Government and the Railways for putting certain walls and underpasses. It is another thing that the entire cost was borne by the State Government and only execution and completion of work was left to the railways though the culprit is railways. 4. The Railways have not completed the work within the time schedule and frame in terms of the award of the contract which is another issue. 5. They have been and are rigid and keeping their commercial interest in mind they are not willing to reduce the speed of the trains for a short-stretch of 3-4 km, which are vital stretches for the purposes of preventing accidents of wildlife in that stretch. 6. Earlier the trains used to run at a speed of 110 km/hour. The railways reduced it to 70 km/hour but even that speed, according to the Court, is not adequate for any quick reflex action for every kind of wildlife to protect itself from being run over. 6. Earlier the trains used to run at a speed of 110 km/hour. The railways reduced it to 70 km/hour but even that speed, according to the Court, is not adequate for any quick reflex action for every kind of wildlife to protect itself from being run over. The Court has been trying to prevail upon the railway authorities that they should reduce the speed to about 30 – 40 km/hour for the short span or distance when the movement of trains happen on the stretch of the game reserve at least during night hours. But the rigidity shown on behalf of the railways has caused more loss of life of animals like, rhinoceros, tigers and many other species, whose names and details are available on record. 7. As recent on 10th of September, 2015 a young tigress with cubs was found dead right next to the railway track in the same stretch and a slugfest is on between the State Government and the Railways, trying to establish that the Railways were not responsible for the death. But from the materials brought on record, the venue, the distance from the railway track as well as surroundings where accident has taken place it is a clear indication that accident happened due to act of the railways. 8. When such affidavit of the State was filed, Railways have no regret and they sill do not say anything about reducing the speed of the train and regulating the traffic in the stretch where maximum accidents have taken place. 9. The Court, therefore, is left with no option but to direct the General Manager, East Central Railway that no movement of any kind on Chhitauni Bagha Road cum Rail Line will take place in the stretch falling in the protected reserve by Railways between sunset to sunrise till further orders or till the Railways find answer to the problem and its due approval by the Court. The order will take effect from today itself. 10. If any breach of the direction and order is committed, the General Manager will be personally held liable. 11. List this matter for further consideration on 29th October, 2015.