JUDGEMENT
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(1.)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."
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