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 details could not be ascertained. In such circumstances, we are inclined to direct the respondents to immediately give effect to the following suggestions made in the Inspection Report:

(A) Necessary steps should be taken by the Railways all over the country to reduce the speed limit of running trains that are passing through dense forests. In case a speed limit is not followed, appropriate action should be taken against the erring drivers and officials concerned.

(B) Railways to take steps to discontinue the movement of goods trains at night between Siliguri and Alipurduar.

(C) Divert fast moving and night trains through Siliguri-Falakata route.

The State of West Bengal also would apprise the Court of the steps they have taken on the basis of the recommendations made after the meeting with the Railway Authorities."

4. An application has been filed for modification of the aforesaid directions. We shall advert to the same at a later stage.

5. After the aforesaid order, three affidavits have been filed giving the status report, in a way, what has been done by the Railways. What has been stated in the said affidavits basically are the Ministry of Railways in consultation with the Ministry of Environment and Forest ("MoEF" for short) has issued a general advisory to zonal railways on 30.03.2010 prescribing clearance of vegetation on the sides of railway tracks, provision of signage boards to pre-warn the train Loco-pilots, conducting sensitizing programmes for Train Loco-pilots/Guards/Station Masters, use of elephant trackers by MOEF and communication with Station Masters, keeping railway track free from food waste that attract elephants, construction of underpasses/ramp passes across the railway track for movement of elephants. In that regard, certain steps have been taken. Certain specific suggestions have been given in respect of Northeast Frontier Railway (West Bengal area), which are as follows:

(a) Construction of passes in Chapramari wild life sanctuary - The work of providing passes at Km 66/2-3, 67/3-4, 67/8-9, 67-9-68/0 & 68/3-4 as well as closing passage at KM 67/4-5 has been completed.

(b) Construction of ramp passes in Jaldapara wild life sanctuary - The work of providing two ramps of 20 m wide at Km 128/6-9 & 130/8-9 between Madarihat and Hasimara has been completed.

(c) Construction of two girder bridges in Mahananda wild life sanctuary - The work of construction of girder bridges at Km 24/-67 and erection of fencing at Km 25/9-26/0-1 between Gulma and Sevok is in progress. The work is likely to be completed by March 2014. Balance amount of Rs.48.34 lakhs is to be provided by MOEF for early completion of works.

(d) Besides, imposition of speed restrictions of 50 Kmph in different stretches covering 95.3 Kms between Alipurduar and Siliguri, various o