Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Online)(NGT) 5436

NATIONAL GREEN TRIBUNAL KOLKATA (EASTERN ZONE BENCH)
B. Amit Sthalekar, Judicial Member, Arun Kumar Verma, Expert Member
IN RE 3 ELEPHANTS RUN OVER BY GOODS TRAIN IN BUXA TIGER RESERVE JALPAIGURI WEST BENGAL – Appellant
Versus
STATE OF WEST BANGAL – Respondent
Original Application No.176/2023/EZ

Advocates:
For the Applicant(s): Suo Motu
For the Respondent(s): Mr. Rajib Ray, Mr. Ashok Prasad, Mr. Dibyendra Narayan Ray

Railways must enforce strict speed limits of 50 kmph daytime and 25 kmph nighttime in elephant corridors to prevent collisions, as mandated by Supreme Court; violation at 70 kmph held negligent.

Headnote:(A) Environmental Law - Wildlife Protection - Train-elephant collision in tiger reserve - Newspaper report of three elephants killed by goods train running at 69-70 kmph in elephant corridor despite visibility - Speed restrictions mandatory: 25 kmph night-time (17:00-05:00 hrs) and 50 kmph day-time (05:00-17:00 hrs) in identified forest stretches as per Supreme Court directions - Non-adherence to speed limits in elephant zones constitutes violation - Railways directed to install intrusion detection systems and adhere strictly to speed curbs. (Paras 14, 23, 29-31)

(B) Judicial Directions - Suo motu proceedings - Tribunal enforces prior Supreme Court mandates on speed reduction in wildlife corridors to prevent animal deaths - Day-time schedule must specify elephant zone limits; failure to maintain reduced speeds despite 'round the clock' restrictions noted as misconceived. (Paras 13-14, 28)

Facts of the case:
Suo motu application based on news report of three elephants (adult female, sub-adult male, male calf) killed by unscheduled goods train collision in tiger reserve forest between stations on straight track with clear visibility at 07:27 AM. Train speed recorded at 69 kmph; two flung off track, one dragged 73 meters. Forest department report highlights negligence; railways claim compliance with 100 kmph sectional limit but acknowledge 25 kmph goods train restriction. Prior accidents noted since track conversion; Supreme Court had mandated speed curbs.

Findings of Court:
Train violated speed restrictions; day-time limit of 50 kmph and night 25 kmph mandatory throughout Alipurduar-Siliguri stretch per Supreme Court order. Intrusion detection system work to complete in six months.

Issues: Whether railways adhered to mandated speed limits in elephant corridors during day-time; enforcement of Supreme Court directions on train speeds and preventive technologies in wildlife areas.

Ratio Decidendi: Railways must strictly enforce 50 kmph day-time and 25 kmph night-time speed limits in forest stretches per Supreme Court; operating at 69-70 kmph in elephant zone on clear day despite restrictions violates directives aimed at preventing wildlife accidents.

Result: Original Application disposed with directions to railways to adhere to speed limits (50 kmph 05:00-17:00 hrs; 25 kmph 17:00-05:00 hrs) between Alipurduar-Siliguri and complete intrusion detection system in six months, subject to final Supreme Court order.

Table of Content
1. elephant-train collision incident details (Para 1 , 2)
2. forest department investigation report (Para 3 , 4)
3. supreme court speed restrictions directives (Para 5 , 6 , 7 , 21 , 22 , 23)
4. human-elephant conflict mitigation guidelines (Para 8 , 9)
5. railway account of accident and measures (Para 10 , 11 , 12 , 15 , 16 , 18 , 19 , 20 , 25)
6. court critique of railway speed compliance (Para 13 , 14 , 17 , 26 , 27 , 28 , 29)
7. pending supreme court proceedings status (Para 24)
8. enforcement of speed limits and ids (Para 30 , 31 , 32 , 33)

ORDER

1. This Original Application is being taken-up suo motu in view of the newspaper report published in National Daily ‘The Times of India’ dated 28.11.2023. The news article mentions that 3 elephants were mowed down by a goods train in Buxa Tiger Reserve near Rajabhatkhawa Shikari Gate in Alipurduar. The forest department shunted the engine at Kalchini Railway Station. It is stated that the incident took place when a herd of elephants was crossing the track between Rajabhatkhawa (‘RVK’ for short) and Kalchini stations (‘KKCF’ for short) and at around 7.26 AM, three of the herd – an adult female and two calves – were run over by the train running from Guwahati to Siliguri. The article mentions that the female elephants were flung about 20 feet west of the track and one calf fell 15 feet to the eastern side and the other calves were torn apart by the train.

2. The article further quotes Mr. Apurba Sen, Buxa Tiger Reserve Field Director as stating that “Whatever be the argument, there is no doubt that the speed of the train was too high. We will take strict legal action.” The article further mentions that Mr. Sabyasachi De, NF Railway CRPO when questioned stated that “We wonder how the driver missed the elephant herd despite perfect visibility”. He is further reported to have stated “The railways have allocated Rs.80 crore for the installation of ‘Intrusion Device Technology’ to prevent such accidents. The technology will soon be installed in all elephant corridors on this route.” The article further discloses that since the conversion of tracks between Alipurduar and Siliguri in 2004, as many as 80 elephants have been killed in such accidents. The article reads as under: -

“Jalpaiguri: Three elephants were mowed down by a goods train in the Buxa Tiger Reserve on Monday morning near the Rajabhatkhawa Shikari Gate in Alipurduar. The forest department shunted the engine at Kalchini railway station.

The incident took place when an elephant herd was crossing the tracks between Rajabhatkhawa and Kalchini stations. Around 7.26 am, three of the herd – an adult female and two calves – were run over by the train running from Guwahati to Siliguri.

The female elephant was flung around 20 feet west of the tracks. A calf fell 15 feet to the eastern side and the other was torn apart by the train.

Forest officials believe such a collision would require a significant impact, which could only happen if the train was running at a high speed. The forest department will speak to railways for more information on the speed of the freight train. Apurba Sen, Buxa Tiger Reserve field director, said: “Whatever be the argument, there is no doubt that the speed of the train was too high. We will take strict legal action.”

Following the incident, forest workers led by deputy field director Praveen Kaswan, arrived at the spot. Train movement on the 168-km stretch between Alipurduar and Siliguri came to a halt from 8am to 12pm.

Sabyasachi De, NF Railway CRPO, questioned how the driver didn’t spot the herd crossing the tracks in broad daylight. “We wonder how the driver missed the elephant herd despite perfect visibility,” he said.

“The railways have allocated Rs 80 crore for the installation of ‘intrusion device technology’ to prevent such accidents. The technology will soon be installed in all elephant corridors on this route,” he added. Since the conversion of tracks between Alipurduar and Siliguri in 2004, as man

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2024 Supreme(Online)(NGT) 5436

NATIONAL GREEN TRIBUNAL KOLKATA (EASTERN ZONE BENCH)B. Amit Sthalekar, Judicial Member, Arun Kumar Verma, Expert MemberIN RE 3 ELEPHANTS RUN OVER BY GOODS TRAIN IN BUXA TIGER RESERVE JALPAIGURI WEST BENGAL – AppellantVersusSTATE OF WEST BANGAL – RespondentOriginal Application No.176/2023/EZ

Railways must enforce strict speed limits of 50 kmph daytime and 25 kmph nighttime in elephant corridors to prevent collisions, as mandated by Supreme Court; violation at 70 kmph held negligent.

Cases Referred (1)