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Citing a Supreme Court order, the court of Chief Justice Sunita Agarwal said the “right to life includes the right to have a clean environment, which includes protection of the wildlife.”
The court resented the delay in action taken by the two authorities after two lions were mowed down by trains in Gir forest in January, and said the HC should not be treated as a ‘daroga’ (policeman) whose interference was needed for them to act.
The court was hearing a suo motu PIL over the death of Asiatic lions due to unnatural causes. Gujarat is the only abode for the Asiatic lions.
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The forest department listed the steps taken by it to prevent such deaths, and asserted that they have helped prevent over a thousand deaths.
The court observed that in the compliance affidavit filed by the Deputy Conservator of Forest there is complete silence regarding steps taken at his level to find out the cause of the two railway accidents.
“You always need some interference from the court, some sword hanging over your head, and then you will work. We are not daroga ji. Please don’t make us daroga. This is not acceptable at all,” the court said.
The lawyer appearing for the Railways said the speed limit of trains passing during day hours in the forest area has been reduced to 30 kmph, and there will be no train movement at night in the area.
Even for tracks located 112 km away from the forest, the speed limit has been reduced from 90 km to 40-50 kmph, he said. The decision was taken in a meeting held on April 3, he added.
The court observed that the decision was taken months after the incident, and only after the HC directed the authorities to do so.
While the forest department asserted that steps taken by it have prevented over a thousand such accidents, ‘there is no whisper in the affidavit about any inquiry made at the end of the forest department to find out the cause of death of two lions on railway tracks in January 2024,’ it said.
The HC directed the Chief Conservator of Forests, Wildlife Division, Junagadh, and DRM, Western Railway, Bhavnagar Division, to file an affidavit highlighting this aspect, and kept the matter for further hearing on April 23.
The court also sought clarity over the decision to convert a section of railway tracks passing through the lion corridor to broad gauge from meter gauge, and its impact on the big cat.