The main legal point established in the judgment is the importance of complying with the Wildlife Protection Act, 1972, and conducting a detailed impact assessment before seeking approval for projects impacting wildlife and biodiversity.

Headnote:
NBWL - Wildlife Clearance for Doubling of Railway Line - Wildlife Protection Act, 1972 - Summary: The court revoked the approval granted by the Standing Committee of NBWL for doubling the railway line between Castlerock to Kulem, citing violations of guidelines under the Wildlife Protection Act, 1972 and the order dated 05.10.2015. The court highlighted the importance of the Western Ghats ecosystem and the impact of the railway line on wildlife habitat and biodiversity. It emphasized the need for a detailed assessment of the project's impact on the environment before seeking approval from NBWL.
Fact of the Case:

The Standing Committee of NBWL recommended wildlife clearance for doubling of the railway line from Castlerock to Kulem, which was objected to by the Goa Foundation and various other parties. The CEC recommended revocation of the permission, citing violations of guidelines and the project's impact on the Western Ghats ecosystem.
Finding of the Court:

The court found that the doubling of the railway line would not have a positive impact on the gradient and curvature of the new line and would operate at the same inefficient level as the existing line. It also noted the importance of preserving the Western Ghats ecosystem and the need for a detailed impact assessment before seeking approval.
Issues: The key issues were the violation of guidelines under the Wildlife Protection Act, 1972, the impact of the railway line on the Western Ghats ecosystem, and the necessity for a detailed impact assessment before seeking approval from NBWL.
Ratio Decidendi: The court's decision was influenced by the violations of guidelines under the Wildlife Protection Act, 1972, the importance of preserving the Western Ghats ecosystem, and the need for a detailed impact assessment before seeking approval from NBWL.
Final Decision: The court revoked the approval granted by the Standing Committee of NBWL for doubling the railway line between Castlerock to Kulem, while allowing RVNL to carry out a detailed analysis of the project's impact on the biodiversity and ecology of the protected areas under the wildlife sanctuary and submit a fresh proposal for consideration.

ORDER

1. In Interlocutory Application (I.A.) No. 1308 of 2015 and other connected I.A.s in Writ Petition (C) No. 202 of 1995, this Court on 05.10.2015 directed the National Board for Wildlife ('NBWL') to furnish a copy of the orders passed by it relating to matters of National Parks and Wildlife Sanctuaries. The Central Empowered Committee ('CEC') was given liberty to approach this Court by filling an appropriate application, if they were not satisfied with the decision of the Standing Committee of NBWL while other aggrieved parties were given the liberty to approach the appropriate forum.

2. In its 56th meeting held on 17.12.2019, the Standing Committee of NBWL recommended the proposal for wildlife clearance for doubling of existing railway line from Castlerock (Karnataka) to Kulem (Goa) involving 120.875 hectares of land within protected area and 113.857 hectares of land in non-protected area reserved forest 7.018 hectares, passing through Bhagwan Mahaveer Wildlife Sanctuary, subject to fulfilling certain conditions.

3. The Goa Foundation filed an application before the CEC on 26.06.2020 stating that the Standing Committee of NBWL had recommended granting wildlife clearances for doubling of 26 km stretch of the railway line in Western Ghats from Castlerock in Karnataka to Kulem in Goa in violation of the order passed by this Court on 05.10.2015. Apart from the objection to the project by Goa Foundation, a large number of appeals/representations were received by the CEC from scientists, researchers, ecologists, environmentalists, lawyers, veterinarians, artists, painters, illustrators, filmmakers, musicians, sculptures, students, villagers, tourism and travel trade. After examining the matter in detail, the CEC submitted Report No. 6 of 2021 on 23.04.2021 in the application filed by Goa Foundation. In this report, the CEC recommended revocation of the permission granted by the Standing Committee for NBWL for doubling of the railway line passing through the ecologically sensitive Western Ghats from Tinaighat-Castlerock in Karnataka to Kulem in Goa involving 120.875 hectares of land as such permission was in violation of the guidelines issued by the Ministry of Environment, Forest and Climate Change (MOEF&CC) under the Wildlife Protection Act, 1972 and the order dated 05.10.2015.

4. In the said report dated 23.04.2021, the importance of western ghats eco-system which is one of world's eight hotspots was highlighted. It was mentioned in the said report that the Western Ghats spread across 9 National Tiger Reserves, 20 National Parks and about 68 Wildlife Sanctuaries and the landscape forms one of the largest and most contiguous Protected Area networks in the country.

5. In so far as the doubling of the railway line from Castlerock to Kulem is concerned, the CEC examined the details of the project. According to Rail Vikas Nigam Limited ('RVNL') doubling of existing 342 km line from Hospet to Murmagao port was sanctioned by the Ministry of Railways at the cost of Rs. 2127 Crores for enhancing section capacity of existing single line track. The only railway line between Hospet and Vasco Port passing through forest land where there is no alternative as the alignment invariably has to pass through the forest. The proposed railway doubling line is parallel to the existing railway line which passes through same forest along the same corridor. The estimated cost for the project from Castlerock to Kulem is Rs. 90 crores and the capacity utilization of the existing line track has increased to 120%.

6. The Standing Committee of NBWL recommended the proposal made by RVNL for doubling the existing railway line from Castlerock to Kulem, subject to the condition that the project proponent will comply with all the conditions imposed by the Chief Wildlife Warden and will implement the approved animal passage plan. Further, the annual compliance certificate of the stipulated conditions has to be submitted by the State Chief Wildlife Warden to the Gover