Accidental Death Of 2 Lions On Railway Tracks| Gujarat HC Expresses Concern Over Delay By Railways & Forest Department In Taking Steps
The Gujarat High Court has expressed its concern over delay by the Railways and the State Forest Department in taking steps after accidental death of two lions on railway tracks.
The Court had taken a suo motu cognizance on such issue and issued necessary directions in this regard.
A Division Bench of Chief Justice Sunita Agarwal and Justice Aniruddha P. Mayee remarked, “In our considered opinion, when these accidents occurred in the month of January 2024, the appropriate course of action for the Forest and the Railway officials was to make an inquiry jointly or severally to ascertain the cause of death on the railway track and take corrective measures, which ought to have been done at their own ends without intervention made by us in the order dated 26.03.2024.”
The Bench noted that there is a complete silence in the affidavit of the Deputy Conservator Forest, Gir-West Division, Junagadh about any steps having been taken at his level to find out the cause of two railway accidents occurred in one month wherein two lions of Gujarat Forest and Sanctuary had died.
Advocate Hemang M Shah represented the applicant while Addl. Advocate General Manisha Lavkumar Shah represented the opponents.
Factual Background -
In the affidavit of the Deputy Conservator of Forest, various steps taken by him to track the movement of lions, caution orders issued to railway officials, watch towers erected on strategic locations to locate lion movement on railway tracks, installation of solar lights on certain hot-spots for illumination of lion movement, etc. were narrated in the affidavit to assert that for the period from April 2023 to February 2024, total 1014 untoward incidents that may have caused death of lions, were avoided.
However, there was no whisper in the affidavit about any inquiry being made at the ends of the Forest Department to find out the actual cause of death of two lions on railway tracks in the month of January 2024 itself. Similarly, in the affidavit filed on behalf of the Railways, by the Senior Divisional Electrical Engineer (Traction) Western Railway, Bhavnagar Division, Bhavnagar Para, reference was made to the SOP prepared, pursuant to the meeting held in April 2024 wherein various steps worked out to ensure that lions of Gir Forest and Sanctuary were saved from death on the railway tracks.
The High Court in the above regard observed, “On the order passed by us dated 26.03.2024, asking the Forest officials as well as Railway authorities to work out Standard Operating Procedure (SOP) to curb any such accident in future, and to achieve the target of zero occurrence of such accidents, affidavit has been filed today to assert that in a joint meeting of the Forest Department as well as Railways held on 03.04.2024, SOP has been worked out to curb accidental deaths of Asiatic lions on the railway tracks.”
The Court added that as regards the issue regarding conversion of meter gauge into broad gauge in Khijadiya-Amreli section, from the map appended along with the affidavit of the Deputy Conservator of Forest, Gir-West Division, it is evident that the section wherein conversion was proposed by the Railways is an important lion corridor.
“Therefore, we call upon the response of the Chief Conservator of Forest, Wild Life Circle, Junagadh and Divisional Railway Manager, Western Railways, Bhavnagar about the assertion made by the Railways in paragraph 7 of the affidavit filed today and to answer as to the impact of conversion of meter gauge into broad gauge in an important lion corridor”, it said.
The further said that the above aspects are to be answered by the Chief Conservator of Forest, Wild Life Circle, Junagadh by filing his personal affidavit representing the case of the Forest Department and the Divisional Railway Manager, Western Railways, Bhavnagar representing the case of the Railways in the court on the next day fixed.
“In the meantime, appropriate steps in the right direction shall be taken to ensure the implementation of the SOP worked out in the meeting held on 03.04.2024. … The learned amicus curie shall also go through the affidavit filed by the respondents and make his suggestions on the next date”, it ordered.
Accordingly, the High Court listed the case on April 23, 2024.
Cause Title- Suo Motu v. Union of India & Ors.
Appearance:
Applicant: Advocate Hemang M Shah
Opponents: Addl. Advocate General Manisha Lavkumar Shah, AGPs Chintan Dave, Utkarsh Sharma, Advocates Kshitij M Amin, Ramnandan Singh, and Parth H Bhatt.
