“Critical To Preserve Pristine Places In The Interest Of Human Beings”: Madras HC Directs E-Passes For Vehicles Visiting Nilgiris & Kodaikanal

The Bench pointed out how the roads were carrying beyond their capacity, leading to vehicles stranded amidst forested areas, a consequence of which the animals were also affected. “It causes irreparable damage to the environment,” the Court added.

A Division Bench of Justice N. Sathish Kumar and Justice D. Bharatha Chakravarthy observed, “Now, entry passes can be issued after due filling in of the a form with relevant questions as to (i) the nature / type of the vehicle whether it is a car, van, bus or two; (ii) whether the entry is for tourist or other purposes; (iii) whether it is day trip or a stay; (iv) the number of persons travelling; (v) and other relevant particulars. The system that is user friendly can be developed”

Sr. Advocate T.Mohan appeared for the respondents.

The Court pointed out the alarming situation of a whooping 20011 vehicles entering the Nilgiris every day, the effects of which were:

• the local residents can not even move even for their regular livelihood including for medical emergency and their very right to life is affected;
• the tourists also cannot reach their destinations and it spoils their very experience;
• the environment is the worst affected.

The Court explained that the District Collectors had such power under Section 115 of the Motor Vehicles Act, 1988 r/w Rule 317 of the Tamil Nadu State Motor Vehicles Rules, 1989 to restrict or regulate the entry of vehicles.

“Not only in the teeth of the said provisions, we pass this order more importantly with the important purpose of saving the entire Nilgiris biosphere and for the protection of Western Ghats which is a more serious question. We must note that human beings alone cannot exist on earth without bio-diversity. While the large and entire landscape is available to us, the human beings, variety of flora and fauna find their existence only in these hill areas and environmentally important zones,” the Court added.

Exempting vehicles of local residents, the District Collector was directed by the Court to ensure traffic management by stopping tourist vehicles from entering via Kalhatti Ghat Road, calling it the primary reason for traffic congestion and pointing out its detrimental impact on the environment.

The Bench instructed that the e-pass should contain important information, such as a ban on one-time use of plastic products like water bottles, polythene bags, etc., alongside other directives for tourists, ensuring proper disposal and management of solid waste. The Court also ordered that a system for e-passes be developed and implemented, effective from May 7, 2024, and be in the pilot/test phase until June 30, 2024. Adequate publicity for the system, including informing the general public through newspaper advertisements and website/mobile app was also directed by the Court.

The Court also took note of the acute drinking water shortage due ​​to extreme drought conditions in the area.

Cause Title: G.Subramania Koushik v. The Principal Secretary & Ors.

Appearance:

Amicus Curiae: C. Mohan

Respondents: Sr. Advocate T.Mohan; Advocates A.Sri Jayanthi, M.Santhanaraman, and K.Madhan,

Click here to read/download the Order