Elephant case full order of WP(MD) Nos.19771 & 23901 of 2018,  and WP(MD)Nos.8222 & 19652 of 2020 and WMP(MD) Nos.22417, 22415, 22414,  22416, 17553 & 20000 of 2018 and 7941 & 18595 of 2021 V.BHARATHIDASAN, J. AND N.SATHISH KUMAR, J.

WP(MD) Nos.19771 & 23901 of 2018,  and WP(MD)Nos.8222 & 19652 of 2020

and WMP(MD) Nos.22417, 22415, 22414,

 22416, 17553 & 20000 of 2018 and 7941 & 18595 of 2021

V.BHARATHIDASAN, J.

AND

N.SATHISH KUMAR, J.

I – Directions to the Southern Railways and Forest Department :

These batch of writ petitions have been filed in public interest to ensure the safety of wild animals, and to protect them in the reserve forests, wild life sanctuary, tiger reserves and national parks situated in Tamil Nadu.  The primary concern in all these writ petitions is to safeguard the wild animals especially elephants, tigers, etc., and also to prevent the unnatural death of the wildlife due to poaching, electrocution, road and rail accidents.  One of the writ petitions has been registered by this Court suo motu on the electrocution of four wild elephants in the Vanniyar reserve forest near Cumbum range. In the above writ petitions, appropriate orders have been passed by this Court periodically.

2. During the course of hearing of the writ petition, it has been brought to the notice of this Court that, on 26.11.2021, three wild elephants were hit and killed by a train running between Walayar to Coimbatore, in the Coimbatore Forest Range. The petitioners in W.P.No.19771 of 2018, also moved a Miscellaneous Petition in W.M.P.No.18595 of 2021 to direct the respondents to take immediate appropriate steps to prevent the death of the elephants and wildlife in railway tracks in the State of Tamil Nadu.
3. Considering the above, this Court impleaded the Ministry of Railways and the Southern Railways as party respondents in the writ petition and issued notice. On their appearance, this Court directed the Railways as well as the forest department of Tamil Nadu to take appropriate action to prevent such accidents and further directed both the railways and the forest department to workout a time bound plan and take actionable measures for protection of elephants and other wildlife, and mitigating elephant deaths due to train hit in Coimbatore-Palakkad division, further directed them to file a detailed report and the actions taken by them.
4. Today, both the Southern Railways as well as the Forest Department of Tamil Nadu, have filed their respective detailed reports listing out various measures taken by them to prevent train accidents. P.H.Arvindh Pandian, learned senior advocate, who has been appointed as Amicus Curiae, to assist this Court in this case has also filed a detailed report.  Based on these reports, we have heard the learned counsel appearing for the petitioners and respondents and Amicus Curiae in detail.
5. India has the largest number of wild Asian elephants in the world, as per the 2017, census there are 27,312 elephants in India, which is 55% of the specie’s global population. It is spread over in 29 Elephant Reserves in 14 States covering about 65,814 sq.km of forest in northeast, central, north-west and south India.  Large extent of the elephant habitat in India is said to be unprotected, susceptible to encroachment.  Elephant requires free movement between the habitats to maintain genetic flow and offset seasonal variations in the availability of forage and water and it requires a corridor for free movement across the landscape without any hindrance.  The elephants are long ranging animals and due to habitat loss, degradation, urban development make them to move from one habitat to another and sometimes the elephants use to stay long period due to favourable conditions available in that habitat.
6. The available statistics shows that more than 80% of the elephant

habitat in India has some form of human disturbance and more than 100 elephant die each year from conflict with humans. That apart, the railway tracks passing through the forest area also pose a serious threat to elephants and other wildlife.  From the available reports, it is seen that more than 186 elephants were killed being hit by trains throughout India, from 2009-10 to 2020-21.

7. The Hon’ble Supreme Court and various High Courts in the Country have taken cognizance of the issue and passed various orders. In Shakti Prasad Nayak Vs. Union of India and Others in W.P.(Civil) No.107 of 2013 dated 02.09.2014, the Hon’ble Supreme Court has issued various directions to prevent train accidents where elephants die.  The Calcutta High Court and Gauhati High Court also issued various directions to prevent death of elephants due to train hit.  Despite various steps taken by the railways as well as the forest department, there is only a little improvement and the accidents are frequently reported resulting in death of precious lives of wild animals especially elephants.
8. So far as Tamil Nadu is concerned, most of the train accidents have

taken place in the Coimbatore Forest Division, which falls under the Western

Ghats landscape of southern India and it is notified as Elephant Reserve No.8. The landscape of Nilgiris-Nilambur-Silent Valley of Kerala forms the major portion of the tract, holding the single largest Asian elephant population in the world.  The Coimbatore forest region, it is stated that, shares the boundary at the length of about more than 350 Kms from human habitations and farmlands, the villages adjoining the reserve forest boundary are prone to elephant movement.  In the Coimbatore forest division two railway lines are connecting the major stations of Podanur Junction in Tamil Nadu to Palakkad Junction in Kerala, which runs along Madukkarai Range.  The above railway tracks cross through the reserve forest in the western Ghat between Kanjikode and Madukkarai railway stations.  The track between Km 486 – 534 is being separated by twin single line.  The Podanur – Palakkad down line called as ‘A’ line, laid during the year 1861 and Palakkad – Podanur up line is called on ‘B’ line, which was constructed in the year 1974.  The length of ‘A’ line is 48.26 Km and ‘B’ line is 52.56 km with eight railway stations.  It is stated that number of passengers and goods trains run in this stretch everyday which makes elephants vulnerable while crossing the railway track.  In the

Coimbatore forest division, there are increased incidence of crop raiding by the elephants and straying out of elephants has increased especially during night, and the accidents are said to have taken place due to poor visibility of loco pilots especially during night time.

9. It is stated that accidents have been taking place between Coimbatore and Palakkad from the year 1978. Between 1978 to 2021 and 24 elephants have been died in 19 train accidents.  From the available records, it is seen that in Kerala side as many as 12 elephants died in 10 train accidents and in the Tamil Nadu side as many as 12 elephants have died in 9 train accidents, and three elephants sustained injuries.  Out of the 19 accidents, 15 accidents have taken place in ‘B’ line and 4 accidents have taken place in ‘A’ line and all the accidents have taken place either at night time or before breaking of dawn.
10. The recent accident happened on 29.05.2021, in which three elephants a adult, a sub-adult and a juvenile have been killed by train hit, while crossing the railway track near Navakarai in Madukkarai forest range in Coimbatore forest range. Based on the media reports, the National Green Tribunal (NGT), Principal Bench, New Delhi, suo motu registered a case and issued notice to the Southern Railway and also the State of Tamil Nadu. After considering the reports and reply filed by them, NGT has directed the seven member Committee already constituted by the Ministry of Environment, Forest and Climate Change namely, Central Project Elephant Monitoring

Committee (CPEMC) to review the action taken by Southern Railways and Kerala and Tamil Nadu Forest Department to contain the mortality of elephants on railway track and suggest additional measures apart from existing one for reduction / minimization of elephant deaths due to train hits.  It is stated that the Committee also visited the site and conducted survey of the railway tracks and made various recommendations.

11. Today, a report has been filed by the the Assistant Divisional

Engineer, Southern Railway, Palakkad Division, detailing various actions:

• As per the report, the Southern Railway said to have imposed a speed restriction of 45 kmph for both ‘A’ line and ‘B’ line from 18.00 hrs to 06.00 hrs and also imposed speed restriction of 25 kmph for goods trains in both lines and they are also keeping a regular check on the speed of the trains passing through the above section.
• As the growth of vegetation along the railway tracks reduces thevisibility for loco drivers in curved track areas, based on the recommendations of the Committee, clearing of vegetation upto 10-15 meters vista clearance on both sides of the railway tracks is carried out on regular basis. It is also stated that in some areas the railways cannot clear the vegetation as the land comes under the forest department.
• The railways has also conducted earthwork for widening of railway cuttings in various areas of ‘B’ line and widening of railway cutting for 2.5 kms of track line. According to the railways, it will help the elephants to move away from track on sighting of trains due to availability of sufficient space.  It will also give greater visibility for loco drivers and they can take timely action to stop the trains after sighting the animals.  According to the railways, it will  also help the elephants to walk parallel but away from the railway track.
• The railways also providing ramps at three locations between Kanjikode and Madhukarai stations and the work is in progress, and the railways has also provided man made ponds at the toe of cutting so that elephant need not cross the track in search of water during summer. In some locations the railways having only limited land and hence widening of forest area is also required.  Now the railways along with the forest department has jointly identified these areas and railways has also requested the forest department to cut and prune some trees in the area for increasing the visibility of the track.
• As per the recommendations of the Committee, two underpasses at KM 505 A/600 and 506 B/900 in ‘B’ line on the Tamil Nadu side, has been proposed and the entire cost will be funded by the railways. The railways conducted a joint field inspection with DFO, Coimbatore and DFO, Palakkad, to identify any underpass location and it is recommended that two underpass locations in ‘B’ line is suitable and sufficient, no further additional underpass is required.  Further on inspection it is found that no other location is feasible for providing overpasses for elephant movement across the forest on either side.
• It is further stated that, the railways and forest department jointly decided to construct ramps in suitable locations at vulnerable areas were elephants are frequently crossing in Ettimadai-Walayar section for passage of elephants without getting entrapped near railway track area and a few more elephant ramps were identified with Kerala forest department for construction of elephant corridor area. Two more ramps have been identified in Tamil Nadu side in ‘B’ line and the railways are also providing solar lights at suitable distance before such ramps for improved visibility for loco drivers and stop the train at suitable distance after sighting any elephant crossing in the ramp location.
• To forewarn the loco drivers in elephant corridors as many as seven elephant passages have been identified and retro-reflective boards have been erected in those areas which can be visible during night hours and the signboards have been carefully provided before the beginning of notified elephant passage with adequate visibility to forewarn the loco drivers to be cautious and whistling in elephant crossing zones. Whistle boards and speed indicators have been installed at strategic points to alert loco pilots to blow horns in such areas to pre-warn the elephants.  In the ‘B’ line some additional signage boards have been provided in Kerals State and replaced a few faded boards in ‘A’ line in Tamil Nadu and new sign boards have been provided at the cost of Rs.5,00,000/- on the Tamil Nadu side.  Permanent speed restriction boards have been provided as per the standards.
• Solar fencing was laid across the track in Kerala area, and at somepoints they were damaged by the elephants frequently, solar fencing is available for 4.5 kms in Kerala side. Now the railways has also decided to provide solar fencing for a distance of 1.5 kms in ‘B’ line at a cost of Rs.8,00,000/- and they will also invited quotations. Kerala forest department has also decided to provide solar fencing for 5 kms from Walayar to Kanjikode and calling for tender is in progress.  For the Tamil Nadu side also the railways is planning to provide solar fencing and they have also identified few locations. Due to the natural terrain in the Tamil Nadu side and presence of water way bridges of sufficient vertical clearance, the elephants are using them to cross underneath.  Hence it is suggested to provide hanging solar fencing near the bridges to restrict their movements towards the track embankment and funnel towards bridges by hanging solar fencing.  Now the railways are awaiting for the approval and advice of State forest department for providing funnelling arrangements and also approval and advice for hanging solar fencing to prevent entry of elephant in the left side of the track.
• Solar lights have been provided by the railways at both ends of the cuttings between Kanjikode and Walayar railway line to ward away elephants from both ends of the cutting and pre-warn them of the presence of railway tracks. The solar lights also help in improving the visibility of loco pilots at nights. Now it was also planned to erect solar lights on the Tamil Nadu side at strategic locations at the earth cutting area at ‘A’ line.
• The railways has also installed audio alarm with honeybee sound at level crossing in Kanjikode and Walayar on ‘A’ line to caution the elephants and this system has been successfully adopted in the North Frontier railways. It is stated that after installation of this audio alarm system no case of elephant crossing has been reported near railway crossing. Now two more audio alarm system with honeybee sound and tiger roaring sound has been installed at a cost of Rs.2,00,000/-
• The railways are also conducting sensitising programmes for the loco drivers, guards and station masters. The forest department has conducted a programme on “Human Elephant Interaction” at Palakkad and higher officials from the forest department and railways participated. Another sensitising program was held on 01.10.2021 with forest department officers of

Tamil Nadu and the railways conducted internal counselling and sensitising program for loco pilots and guards of trains at divisional level and a meeting was held with the Principal Chief Conservator of Forest, Chief Wildlife Warden of Tamil Nadu and DRM, Palakkad to examine various measures to avoid death of elephant in railway track.

• The railways has also created a whatsapp group for transmission of information of movement of elephants across the railway track. It has also decided to provide digital walkie talkie instruments GSM enabled for patrolling forest staffs to share the information to railway control. It was also suggested to have a dedicated control room set up for forest department at Coimbatore and Palakkad to have direct point of contact for transmission of information. Now the Tamil Nadu Forest Department has provided a 24×7 control room facility at Forest Range office, Madukarai for communicating on real time basis with railways.
• The forest department of Tamil Nadu and Kerala have deployed elephant trackers and a system of communication have been set up with Railway control room to pre warn the loco pilots in case any elephant sighting is reported.  Now 25 additional watchers are patrolling along the railway track during night hours.
• To avoid throwing of plastics, food waste and garbage along the railway track by the passengers from the train in the forest area the railways have taken steps to inform the passengers through audio announcement system at Walayar, Kanjikode and Palakkad stations. Railways have deployed gangman to regularly remove food waste and garbage thrown along the tracks. Further the contractors operating the pantry cars have been advised to dispose their wastage only at railway stations and not to throw along the tracks.
• It is also stated in the report that, the railways has started using modern technology called “Intrusion Deduction System” which was planned on trial basis at North Frontier Railways and the Southern Railways, is in close coordination with the North Frontier railways to locate it at vulnerable areas. The above system functions on the basis of “Distributed Acoustic Sensitising System”.  The railways has already laid optical fibers on the sides of the track for the purpose of signal communication and by introducing this deduction system, if any heavy object is identified near the tracks, waves will be sent by this optical fiber cables and it will be augmented through audio informative system to be located at various places along the tracks.
• The railways in consultation with a private software developer for modern technology solution to give prior warning to loco drivers regarding elephant movement near the track and the railway will get feasible solutions which can be based on either LIDAR technology by erecting sufficient polls equipped with thermal or infrared sensors to sense and further communicate to nearest station master.
• An audio alarm system has been developed by Signal Department of Southern Railway which was commissioned on 28.12.2021 at ‘B’ line at unnamed locations and directly controlled by nearest station to give honeybee / tiger roaring sounds to ward away elephants entering the vulnerable area and the above system is solar powered and function automatically after sunset till sunrise and the railways is monitoring the effective functioning of the alarm system.
• It is further stated in the report that, the railways has sanctioneda sum of Rs.5,89,23,318/- for widening of cutting and standardization of embankment, another sum of Rs.38,48,560/- has been sanctioned for removal of vegetation / vista clearance to improve visibility of ghat section and another sum of Rs.4,95,554/- has been sanctioned for fabrication and supply of different types of indicators of sign boards.

12. P.T.Ramkumar, the learned standing counsel for railways has submitted that, the forest departments of Tamil Nadu and Kerala may be directed to conduct survey through drones to find out the actual population of elephants in the area and fix radio collars for elephants as it is done in Tiger Reserve at Orissa. Radio collars should be fitted at least on crop raider elephant and lone elephant which comes regularly near to track and this device should be fitted with a GPS and data relayed real time on a computer or mobile app.
13. The learned counsel further submitted that the railways has requested the Tamil Nadu forest department to constructed four number of additional watch towers between Madukarai and Walayar station and six number of additional watch towers by Kerala forest department between

Walayar and Palakkad stations.  The elephant watchers should be deployed by the respective forest departments particularly at night hours with uniform and

GPS for effective monitoring.  For erecting more solar fencing on the Tamil Nadu side forest department may be directed to take steps for erecting solar fencing on cost sharing basis with railways and forest department may be directed to carryout maintenance of such solar fencing.

14. The Tamil Nadu forest department filed a detailed report, and stated that the Principal Chief Conservator of Forest inspected both ‘A’ line and ‘B’ line along with the District Forest Officer, senior officers and field officers, had a wide range of discussion for mitigation of elephant death due to train hit in the Coimbatore forest division. The forest department has decided to do the following:

• To install six e-surveillance cameras in both railway tracks and control room will be set up at Solakkarai beat check post and other control room will be established in headquarters. The tracks will be monitored continuously at the Madukkarai range and Coimbatore headquarters. Once the tower camera detects the elephant movement near the railway track, an instant alert message will be received at the control room and simultaneously alarm alert and a red signal will be sent, this will help the loco pilots to slow down the train, the tracking team then rushes to the destination to drive the elephant away from the track, and the same will be intimated to the headquarter.
• Satellite image based landscape terrain analysis has been carried out by forest department in both ‘A’ and ‘B’ railway tracks of Solakkarai Beat and based on the analysis the surveillance camera installation locations would be selected by the forest department.
• The Forest Department using conservation drones for monitoring and mapping land and marine ecosystems, supporting anti-poaching and antiwildlife trafficking efforts and enforce reductions in human activities in protected areas. These drones are used for monitoring along the railway track at vulnerable locations adjacent to the forest as most of the elephant train hit occurred outside forest areas where the elephants frequently strayed out for crop-raiding. Forest department also proposed two conservation drones to monitor elephant movement in vulnerable areas.
• Forest department also proposes to install thermal imaging cameras

which can monitor the movement of elephant while patrolling on and near the tracks.

• Watch towers were constructed near ‘B’ track and further four new watch towers are proposed to be constructed for monitoring purposes.
• Presently five track watchers are monitoring the movement of elephants along the track both inside and outside the reserve forest. Now the forest department decides to enhance the railway track monitoring team with 20 more track watchers and to engage tribal people for effective monitoring and continuous tracking of elephants.
• As of now only foot patrolling is done by track watchers day and night. To support the system, forest department decided to provide four wheelers to the track watchers to attend emergency situations of sudden elephant encounter near or on the track. Wheel track is proposed to be laid on both sides of the railway track for easy movement of the vehicles and it has to be done by the railways at about 15 meters on either side of the track maintained by them.
• The forest department decides to conduct awareness programme to the farmers about change in cropping pattern from elephant preferred crops like coconut, banana, sugarcane, maize to alternate crops and also deploy solar fence in the farms that lie adjacent to the tracks for atleast 20 meters away from railway track.
• Forest department also propose to install speed gun to measure the train speed and if the train breaches the speed limit immediate intimation will be passed on to the railway department.

15. P.H.Arvindh Pandian, learned Amicus Curiae also filed a detailed report listing out various protective measures to be carried out by the respective departments. Mr.R.Alagumani, learned counsel appearing for the petitioner in W.P.(MD) No.19771 of 2018 also filed a written submission suggesting various safeguards to be provided by the Railways and forest department and most of their suggestions are covered in the report filed by the railways and forest department.
16. We have extensively heard the learned counsel appearing for the petitioners, learned counsel appearing for the southern railways, Mr.P.H.Arvindh Pandian, Mr.T.Mohan, Mr.Santhanaraman learned Amicus

Curiae in this case and also Mr.J.Ravindran, learned Additional Advocate General and Mr.Selvandran, learned Special Government Pleader appearing for the State Government and forest department.

17. Perusal of the reports submitted by the Southern Railways and the Forest Department, it could be seen that various effective measures have been taken by them to prevent unfortunate train accidents. From the report submitted by the Southern Railways, it could be seen that, some effective measures have been taken by them based on the recommendations of the expert committee. Likewise, the Forest Department has also taken steps to modernise the surveillance system by installing modern equipments and also employing human elements for patrolling the railway tracks, and watching the movement of elephants and wild animals along the railway tracks.
18. We record our appreciation for the effective measures taken by boththe Southern Railways and Forest Department and this Court is of the view that those measures already taken should be maintained and the proposed measures to be completed as expeditiously as possible. Further this Court issue the following directions in this regard:

• So far as speed restriction of the trains is concerned, according to the southern railways they have restricted the speed limit to 45 kmph in both ‘A’ and ‘B’ line. The Chief Wildlife Warden of Tamil Nadu who appeared before this Court and the learned counsel appearing for the parties, submitted that, the speed limit may be reduced further, which will enable the loco driver to stop the train at the sight of elephant near the track.  However, Mr.P.T.Ramkumar, learned standing counsel appearing for the Southern Railways and the Additional Divisional Manager, Palakkad division who appeared before this Court through video conferencing would submit that, considering the gradients of ‘A’ and ‘B’ line train speed cannot be reduced  less than 45 kmph, and the speed restriction imposed on  considering various factors. Apart from that another suggestion has been made by the learned counsel appearing for the parties that, accidents are taking place during night hours, and the frequency of the train movement can be reduced in the ‘A’ and

‘B’ line by diverting some of the trains through Coimbatore-Pollachi-Palakkad route.  The Additional Divisional Manager, Southern Railway, agreed to consider this proposal and assured to take up this issue with the higher

officials.

• Considering those submissions, the Southern Railways is directed to make further consultations with the experts for reducing the train speed both in ‘A’ and ‘B’ line and also the proposal of diverting some of the trains through

Coimbatore-Pollachi-Palakkad route during night hours. The Southern Railway is directed to file a further report on that on or before 25.02.2022.

• Regarding construction of solar fencing, the forest department has a different view. According to the Chief Wildlife Warden, providing solar fencing along track will prevent and restrict the usual movement of elephants and it will have other serious effects and submitted that providing solar fencing is not a right remedy, he has also explained some of the ill effects of providing solar fencing along the railway track. Considering the difference of opinion between the forest department and the southern railways, we direct the officials of Southern Railways and Tamil Nadu Forest Department to have further consultation on providing solar fencing along the railway track. Till they arrive at a workable solution, the railway authorities are directed not to install solar fencing along the railway tracks and submit their report on or before 25.02.2022.
• For construction of two underpasses in the ‘B’ line, a proposal has already been sent to the Railway Board for Board’s approval for sanctioning of funds. Considering the urgency in constructing underpasses for free movement of elephants, the Railway Board is directed to take immediate action for sanctioning necessary funds and the Railway Board is directed to consider the proposal of Southern Railway and pass suitable orders on or before 28.02.2022.
• For clearing Vegetation along the railway track, now it is stated that the Southern Railway has already sanctioned necessary amount for removal of vegetation. As per the Committee recommendations, railways clearing the vegetation upto 15 meters from the railway line on either sides.  It is further stated that, in some places, it comes under land belonging to  the Forest Department and necessary permission have to be given by the forest department for clearing the vegetation.  In such circumstances, the Tamil Nadu Forest Department is directed to give necessary permission to the Southern Railways for clearing the vegetation in the land belonging to them and extend their cooperation for removal of vegetation along the railway tracks.  Further the Southern Railways is directed to monitor the growth of vegetation and remove the same periodically.
• The Southern Railways is directed to proceed with the widening the earth cutting for clear visibility of loco drivers and it is directed to complete widening within a short period.
• So far as construction of ramps for free movement of elephants, it is stated that some of the ramps were already constructed and the Southern Railways is directed to proceed with the construction of ramps in the identified places and also to provide solar lights before the ramps immediately.
• Regarding Sign Boards sought to be placed on the railways lines, the Southern Railways is directed to speed up the work and it should be installed immediately for giving suitable warnings to the loco drivers.
• For providing solar lights, it is stated that on the Kerala side the

Southern Railway has already provided solar lights, and the Southern Railways is directed to erect solar lights on the Tamil Nadu side also in the strategic locations identified by them at the earth cutting areas forthwith.

• The Southern Railways is directed to install audio alarm as proposed by them in suitable places where the elephants used to cross the railway tracks.
• So far as conducting sensitising programs, the Southern Railways is directed to conduct the same periodically to the loco drivers and other stake holders and involve forest department officials also in the sensitising programs.
• The Railways is directed to create awareness amongst the travelling passengers in the train against throwing of food articles and other plastic materials along the tracks.
• Regarding engagement of elephant trackers and anti depradation watchers, the Tamil Nadu forest department is directed to take immediate steps to appoint more forest watchers and deploy them along the railways lines and also provide advanced communication systems to communicate the movement of wild animals along the track.
• The Southern Railways as well as the Forest Department officials are directed to take immediate steps for construction of watch towers at suitable places and deploy personnels to watch the movement of elephants along the railway tracks.
• Both the Southern Railways and the Forest Department are directed to avail the latest available technology to watch the elephant movement and to alert the loco pilots as well as other concerned persons regarding the movement of elephants along the railway tracks.

19. The Southern Railway and the Forest Department are directed to file their respective further report regarding the progress made by them in this regard on or before 18.03.2022. This Court will pass further orders,  based on the success in implementing the above measures and if any further measures are required, this Court will pass suitable orders. Post these matters on

18.03.2022, for passing further orders.

II – Direction to Ministry of Environment, Forest and Climate Change:

20. It is also brought to our notice that the Tamil Nadu Forest

Department has sent a proposal to the Ministry of Environment, Forest and Climate Change, Government of India, New Delhi, for sanctioning of funds to implement scheme to protect wildlife, and that proposal is still pending with the Ministry of Environment, Forest and Climate Change. Hence the Ministry of Environment, Forest and Climate Change, Government of India is directed to consider the proposal sent by the Forest Department, Government of Tamil Nadu and pass suitable orders within a period of two weeks from the date of receipt of a copy of this Order.

21. Registry is directed to communicate this order to the Ministry of Environment, Forest and Climate Change, Government of India, New Delhi immediately.
22. Post this matter on 03.2022 for passing further orders.

 

III- Direction to Railways with regard to Nilgiri Mountain Railway

(NMR)

23. A news item has been published in a Tamil daily “The Hindu Tamil”

stating that in Nilgiri Mountain Railway (NMR), Railway Department is putting up walls along the railway tracks in the elephant corridor, where the elephants used to migrate thereby preventing their movement.

24. Today, Dr.Shekhar Kumar Niraj, I.F.S. Principal Chief Conservator of Forest and Chief Wildlife Warden of Tamil Nadu who was present before this Court would submit that NMR has constructed wall between Coonoor railway station and Hillgrove railway station, which is a major elephant migratory path, because of that, the elephants are finding it difficult to cross the railway tracks and they take dangerous alternative route, which may result in falling into gorges.
25. In such circumstance, Mr.P.T.Ramkumar, learned standing counsel appearing for the Southern Railways is directed to get instructions and file a report regarding the obstruction caused near the railway lines in NMR.
26. Further, a joint inspection may be conducted by the Forest Department of Tamil Nadu and the Southern Railway and find out suitable solution for free movement of elephant in NMR route. The Chief Wildlife Warden of Tamil Nadu is directed to inspect the area and the concerned

Officers of the Southern Railway is directed to accompany the Chief Wildlife Warden during inspection and file a report before this Court on or before

11.02.2022.

27. Post this matter on 02.2022, for passing further orders.

IV – Special Investigation Team (SIT):

28. So far as the investigation regarding wildlife offences is concerned, considering the fact that, despite all the wildlife offence cases are transfered to CBI, considering the intricacies involved in the forest offence, and the delay in completing the investigation, this Court proposed to constitute a dedicated Special Investigation Team to investigate all these forest offences, by including the officers from CBI, Tamil Nadu Police, an Officer from the Forest Department from Tamil Nadu as well as an Officer from the Forest Department of Kerala Government, who shall form core investigation team.

They will be assisted by investigating teams consisting of personnels from

Tamil Nadu police, Kerala Police and also from forest department of both Tamil Nadu and Kerala.

29. In such circumstance, the State Governments of Tamil Nadu and Kerala as well as the CBI are directed to name concerned suitable officials on the next date of hearing. So far as CBI is concerned, already Ms.S.Nirmala Devi, I.P.S. Superintendent of Police, SCB, C.B.I, Chennai is investigating all the forest related crimes and preferably she may be included in the SIT and Mr.K.Srinivasan, learned Special Public Prosecutor for CBI is directed to get suitable instructions on that and Mr.Selvandran, learned Special Government Pleader is also directed to get instructions from the State Government regarding appointment of officers in the rank of Superintendent of Police, and an Officer from Forest Department, who shall form part of the SIT.
30. Earlier the Forest Department, Government of Kerala has been impleaded as party respondent in the writ petition and notice was also issued to the Forest Department of Kerala Government, as notice is yet to be served on them, on their appearance, necessary details will be collected in this

respect.

31. Post this matter on 02.2022 for passing further orders.
32. Registry is directed to post W.M.P.(MD) Nos.1959, 1960 and 1962 of 2022 along with W.P.(MD)Nos.19771 of 2018 etc., batch on 02.2022.

(V.B.D.J.)  (N.S.K.J.)

03.02.2022       

kk

Note: Registry is directed to send a copy of this order to Ministry of Environment, Forest and Climate Change, Government of India, New Delhi immediately.

V.BHARATHIDASAN, J.

AND N.SATHISH KUMAR, J.

kk

WP(MD) Nos.19771 & 23901 of 2018,  and WP(MD)Nos.8222 & 19652 of 2020 and WMP(MD) Nos.22417, 22415, 22414,

 22416, 17553 & 20000 of

2018 and 7941 & 18595 of 2021

03.02.2022