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2014 Supreme(SC) 1203

DIPAK MISRA, VIKRAMAJIT SEN
Shakti Prasad Nayak – Appellant
Versus
Union of India – Respondent


Advocate Appeared:
For the Petitioner:Sanjeeb Panigrahi, Ravi Chandra Prakash, Filza Moonis, Mukesh Kumar Singh, L. Nidhi Sharma and Purushottam Sharma Tripathi, Advocates.
For the Respondent:Ranjit Kumar, S.G., Ranjana Narayan, S.N. Terdal, St. of U.P. Rajat Singh, Abhishek Chaudhary, St. of W.B. Avijit Bhattacharjee, Sarbanai Kar, St. of T.N., R. Rakesh Sharma, S. Anand, B. Balaji, St. of Chhatisgarh, C.D. Singh, Shreya Dubey, St. of M.P. Mishra Saurabh, Vansaja Shukla, Ankit Kr. Lal, Shreekant N. Terdal, Sibo Sankar Mishra, Tapesh Kumar Singh, Mohd. Waquas, V.N. Raghupathy, Bina Madhavan, Vartika Sahay, M/s Corporate Law Group and Rachana Srivastava, Advocates.

ORDER :

The present writ petition fundamentally pertains to avoidance of railway accidents by which the life of elephants, which is regarded as national wildlife wealth, is endangered as number of deaths occur due to such accidents. The depletion of the clan of the elephants has been a worrying feature for protection and sustenance of wildlife. There has been a constant uproar about the apathy shown to such accidents which are avoidable in today's progressive technology.

2. When this matter was filed, it was restricted to North-Eastern region of the country where there was no arrangement by the Railways. However, by order dated 10.12.2013, the canvas was expanded and the response from all the States was called for.

3. In course of hearing of the writ petition on that day, certain suggestions, namely, reduction of the speed limit of the running trains, discontinuance of the movement of the goods trains at nights between Siliguri and Alipurduar and diversion of fast moving night trains through Siliguri-Falakata route etc. were given. Taking note of the suggestions, the Court passed the following order:

    "Today, both the MoEF as well as the Railways are unrepresented so that the aforesaid

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