The State’s long-drawn battle to keep roads through Bandipur National Park closed at night got a shot in the arm after the Ministry of Road Transport and Highways (MoRTH) informed the Supreme Court that they have accepted the recommendation of maintaining status quo on National Highway 766.
During a hearing on May 1 at the Supreme Court, MoRTH submitted that it, as well as Ministry of Environment and Forests (MoEF), were in agreement with the recommendations of the Committee of Secretaries.
On February 18, the committee, which included senior officials from Karnataka, Kerala, MoRTH, MoEF, and the National Tiger Conservation Authority (NTCA), had noted that wildlife in the eco-sensitive tiger reserve had adapted to the ban between 9 p.m. and 6 a.m., while the road was opened for emergency vehicles during this time.
The committee decided that the night-time ban should continue, which is line with Karnataka’s stand but opposed to Kerala government’s view.
The ban was imposed by the State Forest Department in 2009, and won the case in the High Court of Karnataka a year later. In 2010, Kerala filed a Special Leave Petition against the High Court order.
“That the averments made in the report and the contents of the affidavit may kindly be taken on record orders as deemed appropriate, may kindly be passed,” concludes the affidavit submitted on May 1. Kerala has sought time to respond to the affidavit, while the next hearing is scheduled after the Supreme Court’s vacation period ends.
MoRTH’s current stand is crucial as it had previously suggested mitigation measures of constructing flyovers through the park as a method to allow night-time traffic.
‘Major development’
Wildlife First, which filed an interlocutory application in the case, called the hearing on Wednesday an “important development”. “Now Kerala has limited legal options considering that NTCA, MoEF, and MoRTH have espoused the right view and is against reopening the road...the solution lies in the alternative alignment,” said Praveen Bhargav, trustee, Wildlife First.
Punati Shridhar, Principal Chief Conservator of Forests (Head of Forest Force), said MoRTH decision was on “expected” lines, particularly after they had consented to the State government’s views in the February meeting. “The night ban has seen a long legal process, and hopefully it will come to an end soon,” he said.