Night Travel Ban In Sathyamangalam Tiger Reserve; Madras High Court Issues Directions For Movement

While considering the petitions, the bench of Chief Justice Munishwar Nath Bhandari and Justice D Bharatha Chakravarthy highlighted the fundamental duty for protection of animals. The court also considered in detail the particular nature of the area and the need for protection of the Reserve.

The judgement was made in a series of petitions concerning movement of vehicles through the Sathyamangalam Tiger Reserve and the Government Notification prohibiting movement of all vehicles between 6 pm to 6 am.

Background

In the present day scenario admittedly about 6000 vehicles pass through the road and majority of them are heavy commercial vehicles. The court also observed that - 

"The vehicular movement endangers wildlife by constantly and thoroughly disturbing them even during at Night and road-kills also happen and thus extremely inappropriate for wildlife, but has also became a necessity for humans."

Considering the repeated accidents and the road blocks, the meeting of the District Road Safety Committee was held on 12.10.2018 with representatives of lorry, bus owners of Erode and other adjacent districts and upon suggestion it was decided to ban the movement of all commercial heavy vehicles from 9.00P.M to 6.00AM and accordingly a notification was issued.

In another committee meeting it was decided to collect the entry fees and also to ban the plying of commercial vehicles in the stretch from 6.00 P.M to 6.00 A.M and also prescribed the rates of entrance fees.

By a notification of the National Highways Authority of India, the prescriptions were made for the use of the Ghat Road, thereby, the maximum weight of the vehicles pass by was fixed at 16.20 tonnes, the maximum height of the vehicles can be 3.80 meters and the maximum speed limit was fixed at 20 kms/hr

Mr Chockalingam, the petitioner-in-person argued that the decisions of the Committee were not implemented properly and that the night ban remained only in paper. He further presented data showing that there has been constant road kills in the area affecting free movement and existence of the wild species.

He also relied on a series of judgments to support his contentions that though a passage through a Sanctuary may be a highway, it is regulated and restricted in view of Section 27 of the Wildlife Protection Act. He also drew attention of the court to the decisions in B.R Prakash Kumar and Ors v. The Collector-cum-Regional Transport Authority and Ors and P.K.Fravesh and Ors. Vs. The State of Karnataka and Ors where the Madras High Court and the Karnataka High Court had imposed similar restrictions and night bans in Mudumalai Tiger Reserve and Bandipur Tiger Reserve respectively.

Mr.J.Ravindran, learned Additional Advocate General appearing for the State, including the District Collector and the Forest Department submitted that the respondent authorities were concerned about preserving the Tiger Reserve to the fullest extent possible and at the same time, not creating any fetters on the rights of the residents of the village, forest and tribal settlements and the agriculturists in the area. He further submitted that there were no alternative routes and previous attempt to let vehicles pass through an alternative route was unsuccessful due to repeated landslides.

He further submitted that the night ban was causing more hardships as the vehicles pile up for the night-time to pass causing more disturbance to the neighbouring area. He also suggested that it was not feasible to install CCTV cameras every 5 kms and that he same may be installed at entry and exit points. He also informed the court of the hardships faced by the public as the public buses and the private buses would also run late due to the traffic bans. The ban would also affect the emergency health services also.

Mr NGR Prasad, one of the petitioner informed that court that instead of a complete night ban the traffic can be regulated and with speed restriction the vehicle can be plied in the stretch without causing any harm to the wildlife. He submitted that a complete ban would amount to unreasonable classification and would be violative of Article 19(1) (g) of the Constitution.

Mr.A.R.L.Sundaresan, learned Senior Counsel appearing on behalf of Ms.Geetha, counsel for one of the petitioner villager argued that the order of the District Collector did not provide any exception for the villagers. He further contented that the impugned notification is violative of Articles 14, 19 and 21 of the Constitution of India. He would further submit once the road has been declared as National Highway as per National Highways Act, by virtue of Section 16 of the National Highways Act, 1988 any regulation shall be made only by the Central Government and therefore, the District Collector lacks jurisdiction.

It was also submitted by Ms. Geetha that the villagers have been using this road for more that 100 years and a sudden ban affects their fundamental right and their livelihood and is in violation of Article 21 of the constitution. She also submitted that the sweeping statement of the petitioner is as if all animals are nocturnal is incorrect as they are both nocturnal and diurnal. She also submitted that the villagers were in favour of banning heavy vehicles.

Mr K Sasindran, the counsel for residents in the area contented against the unauthorized levy of entry fee from the villagers every time whenever they use the road. These toll charges were violative of their basic right to access their own homes.

The court, while highlighting the freedom of movement under Article 19, also stated that in the present case the restrictions are imposed taking into account that the highway is passing through the core protected zone of the Tiger Reserve, as a thoroughfare through the eco-sensitive zone, Sanctuary and Reserve Forest.

The court further highlighted the Fundamental Duty of compassion towards animals and recognition of freedom of animals. For this the court relied on the judgement of the Apex Court in Animal Welfare Board of India v. A Nagaraja, where the court had extended the Right to Life guaranteed under Article 21 of the Constitution to animals also.

With respect to levy and collection of toll, Section 7 of National Highways Act, 1956 clearly states that the powers are vested with the National Highways Authority after obtaining due permission from the Central Government. The state has the authority to install weighbridges and collect fee in-respect of services rendered by it. However, as the instant road is a National Highway the power vests with the National Highways Authority, or any person authorised for it. Thus, on the face of it, the collection of tolls from the local villagers or forest dwellers/agriculturists is illegal.

The court also issued a series of directions to be followed in respect of the Dhimbam Ghat Road –

1. No vehicle having 12 wheels and above and truck/trailer with a total weight of 16.2 tonnes and above will not be permitted through the road.
2. Trucks and Trailers having upto 10 wheels and with weight less that 16.20 tonnes are permitted to use the Road between 6 am to 6 pm. These vehicles shall maintain a maximum speed limit of 30 kms/hr on the plains and 20 km/hr on the Ghat Road portion. Further action may be taken or penalty may be imposed in case of over speed or unwarranted stops in between.
3. These vehicles have to cooperate for weighing and checking at the check posts and pay the requisite fee that may be charged upon them.
4. Public buses belonging to the states of Tamil Nadu and Karnataka and private buses including mini buses are permitted to ply between 6 am to 9 pm. Further, the Forest Department shall conduct periodic awareness programmes for drivers and conductors to ensure proper driving techniques.
5. All two wheelers and three wheelers are permitted to use the road between 6 am and 9 pm
6. The villagers, tribals, forest dwellers and agriculturists shall be issued a pass permitting vehicles for their personal movement/work.
7. Heavy vehicles bringing vegetables and fruits from the villages inside the Reserve shall be permitted only exit and no entry after the permissible hours. This restriction shall not prohibit the entry and exit of milk vans.
8. Ambulances and such emergency vehicles shall be permitted without any time restrictions. Regular health workers shall be permitted with passes and shall maintain the speed restriction of 30 km/hr.
9. The respondents shall install CCTV cameras every 5 kms from the start of the 27 km road and the footages must be stored for a period of 45 days. A link to monitor these CCTV shall be provided to the office of the District Collector, Erode and the Divisional Engineer of the National Highways Authority.
10. Google maps and other GPS applications shall be intimated to make necessary intimation in their apps regarding the night ban to travellers.
11. The respondents shall be authorised to impose and collect entry fees on the commercial vehicles at such rates as may be approved by the District Collector, Erode and this fees shall be utilised for maintenance of the weighing bridges, the toll plazas, C.C.T.V cameras and maintenance of sign boards and other necessities of the Ghat Road.
12. The Forest Department shall consult with the District Collector and the National Highways Authority and Government of India to formulating options of introducing under/over pass for the animals, wherever possible with due approval of the authorities including the National Tiger Conservation Authority

Case Title: S.P Chockalingam v. Principal Chief Conservator of Forests and Chief Wildlife Warden and Ors

Case No: WP 1830/2022

Citation: 2022 LiveLaw (Mad) 140

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