Karnataka High Court Orders Forest Authorities To Respond To PIL Over Wildlife Killed By Overspeeding Trains

The Karnataka High Court has asked the Forest authorities to file their replies to a PIL seeking to reduce speed limit of trains passing through dense forest during the night time on the Hospet-Vasco and Londa-Miraj railway line, to avoid wildlife being hit by speeding trains.

A division bench of Chief Justice Prasanna B Varale and Justice Ashok S Kinagi directed the Deputy Conservator of Forest of Belgavi, Haliyal and Dharwad divisions and the Director of Kali Tiger Reserve to file their replies in the matter within two weeks. It orally remarked,

“Supreme court observations are to be taken as to protect wildlife. It is not that wildlife in Assam is to be protected but not that in Karnataka. Wildlife in any part of the country is equally important.”

The apex court has issued directions to the railways all over the country to reduce the speed limit of running trains that are passing through dense forest. In case peed limit is not followed, appropriate action should be taken against the erring drivers and officials concerned.

The plea avers that the two railway lines pass through dense forest areas of Dharwad, Belagavi and Haliyal territorial forest divisions including Dandeli Sanctuary. The petitioner, Giridhar Kulkarni cited correspondences between forest department and railway authorities, claiming “in all these communications forest officials expressed deep concern about the failure to take mitigating measures by the railway department and the railway authorities are apprised that speed of the trains are much more than what is prescribed while passing through those particular routes which causes death of elephants and other wild animals...till date there is no response filed by the Forest authorities.”

The plea also states that according to records collected by the petitioner, since 2014 an alarming number of accidents have occured on the two railway lines due to overspeeding trains resulting in the death of 60 various wild animals including 2 elephants, 49 indian gaur, 5 sambars, 1 sloth bear, 1 wild dog, 1 wild pig and a deer. Further it is said if the headcount of other reptiles and amphibians are accounted for the number reaches dismal proportions.

It is also claimed that petitioner has made several representations in this regard, but in vain. "Failure of Railways to take necessary steps to avoid accidents of wild animals with trains despite several requests made, is in violation of precautionary principle and the principles of integrated equity and sustainable development upheld by the Apex court in many cases. Further, the respondents failure to protect the wildlife is in clear violation of the fundamental duty of the respondent under Article 48A of the Constitution of India."

It is said that since the alternate railway line between Belgaum and Dharwad districts via Kittur has already been sanctioned by the state, it is important that steps are taken to establish the same at the earliest to render the Hospet-Vasco and Londa-Miraj railway lines redundant.

The plea prays for directions to the respondents to form a joint committee and conduct a joint inspection and prepare a mitigation plan in detail explaining the measures to be taken to prevent train accidents of wild animals. Direct the Ministry of Railways to consider and implement all suggestions given by the committee.

Further to direct the Ministry of railways to strictly comply with orders of the Supreme Court by reducing the speed limit of running trains on the two railway lines while passing through dense forest. It is also prayed for directing the railways to take up mitigation measures like constructing underpass/overpass, putting proper signage boards to alert loco-pilots, and educating the loco-pilots regarding the necessity to reduce speed limit while passing through forest.

The Union of India in its statement of objections stated that the Ministry of Railways has been consistently taking safety measures towards movement of trains in the Forest Area. "Periodical meetings between railway officials and the forest department were held. However, due to Covid-19 pandemic officials could not conduct meetings in the year 2020 and 2021 but there is close communication between officials on the phone." It was added that authorities may start periodic meetings with forest officials.

Case Title: Girishar Kulkarni And State of Karnataka & Others

Case No: WP 6238/2021