Madras High Court Directs Implementation Of 'Night Travel Ban' In Sathyamangalam Tiger Reserve To Prevent Roadkills

In a public interest litigation filed for effective implementation of a 2019 notification issued by the Erode District Collector banning traffic movement in Sathyamangalam Tiger Reserve, the Madras High Court has directed that the restriction should come into force from February 10, 2022.

The first bench of Acting Chief Justice Munishwar Nath Bhandari and Justice D. Bharatha Chakravarthy was hearing the petitioner in person, S.P Chockalingam, who alleged that nearly 155 animals have lost their lives due to the non-implementation of the District Collector's order.

The court made a serious note of the lapses of respondents including the Principal Chief Conservator, Chief Conservator of Forests, National Tiger Conservation Authority and the Regional Officer in not carrying out the directions issued by the District Collector on 7th January, 2019.

According to the Erode District Collector's order, plying of commercial vehicles on the stretch of National Highway between Bannari and Karapallam within the tiger reserve during 6 pm- 6 am was banned. Similarly, the Collector's order also restrained private vehicles, light commercial vehicles and other four-wheelers from plying on this stretch between 9 pm - 6 am.

According to the petitioner, the current writ petition is an outcome of lapses made by forest officials who remained as silent spectators, not keen about enforcing the notification.

During the court proceedings, the counsel appearing for Principal Chief Conservator (R1) and Chief Conservator of Forests (R2) was asked why the District Collector's notification issued under Section 115 [Power To Restrict Use of Vehicles] of Motor Vehicles Act, 1988 was not implemented.

The District Collector was impleaded as a party and the Government Pleader was asked to appear on his behalf. In the meanwhile, R1 and R2 were directed to give force to the notification dated 7th January, 2019 from the day after tomorrow.

The court has also made it clear that if any person violates the court direction given for implementing the notification imposing restrictions on the plying of vehicles, respondents must identify and name such persons so that appropriate action can be taken against them.

On the next date of hearing, i.e., 15th February, respondents have also been directed to give a satisfactory explanation as to why the notification has not been given effect to till now. The respondents are also required to name the department officers who were responsible to implement the said notification but chose not to.

The court also made a remark that the superior officers must have ensured the implementation of the notification by the subordinate officers concerned which the former failed to do. Total lawlessness has ensued because of the lapses of officers concerned, the court added.

Case Title: S.P Chockalingam v. Principal Chief Conservator of Forests & Ors.

Case No: WP 1830/ 2022 (PIL)