National Green Tribunal
National Green Tribunal Southern Zone vs The Secretary To Govt. Of Tamilnadu ... on 19 January, 2022
Bench: K Ramakrishnan, K. Satyagopal
Item No.1:-
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Original Application No. 51 of 2020 (SZ)
(Through Video Conference)
IN THE MATTER OF:
Tribunal on its own motion
Suo Motu based on the news item published in
Dinamalar Newspaper dt.27.02.2020, Chennai
Supplementary, "Elephant Indian Wild Boar
Dies of Electrocution"
... Applicant(s)
Versus
The Secretary to Govt. of Tamil Nadu,
Department of Forest,
Govt. Secretariat, Fort St. George,
Chennai and Ors.
... Respondent(s)
Judgment Pronounced on: 19th January, 2022.
CORAM:
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE DR. SATYAGOPAL KORLAPATI, EXPERT MEMBER
ORDER
Judgment pronounced through Video Conference. The original application is disposed of with directions vide separate Judgment.
Pending interlocutory application, if any, shall stand disposed of.
Sd/-
.......................................J.M. (Justice K. Ramakrishnan) Sd/-
...................................E.M. (Dr. Satyagopal Korlapati) O.A. No.51/2020 (SZ), 19th January, 2022. Mn.
Page 1 of 50 Item No.1:-
BEFORE THE NATIONAL GREEN TRIBUNAL SOUTHERN ZONE, CHENNAI Original Application No. 51 of 2020 (SZ) (Through Video Conference) IN THE MATTER OF:
Tribunal on its own motion Suo Motu based on the news item published in Dinamalar Newspaper dt.27.02.2020, Chennai Supplementary, "Elephant Indian Wild Boar Dies of Electrocution"
... Applicant(s) Versus
1) The Secretary to Govt. of Tamil Nadu, Department of Forest, Govt. Secretariat, Fort St. George, Chennai - 600 009.
2) Principal Chief Conservator of Forest (Head of Department) Panagal Maaligai, 1, Jeenis Road, Saidpaet, Chennai - 600 015.
3) The Chairman cum Managing Director TANGEDCO 10th Floor, NPKRR Maaligai, 144, Anna Salai, Chennai - 600 002.
4) District Forest Officer, Gudalur Division, 11/274, Kozhikode Salai, Gudalur, The Nilgiris, Tamil Nadu - 643 212.
5) Superintending Engineer, TANGEDCO, Nilgiris District, New Diary Complex, Coonoor Road, Udhagamandalam, Tamil Nadu - 643 001.
... Respondent(s) Page 2 of 50 For Applicant(s): Suo Motu by Court.
For Respondent(s): Dr. D. Shanmuganathan for R1, R2 & R4.
Mr. Abdul Saleem and Mr. S. Saravanan for R3 & R5.
Judgment Reserved on: 13th December, 2021.
Judgment Pronounced on: 19th January, 2022.
CORAM:
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER HON'BLE DR. SATYAGOPAL KORLAPATI, EXPERT MEMBER Whether the Judgment is allowed to be published on the Internet - Yes/No Whether the Judgment is to be published in the All India NGT Reporter - Yes/No JUDGMENT Delivered by Justice K. Ramakrishnan, Judicial Member.
1. The above case has been Suo Motu registered by this Tribunal on the basis of the newspaper report published in the Dinamalar, Chennai Supplementary dated 27.02.2020 under the caption "kpd;rhuk; gha;e;J ahid> gd;wpfs; gyp" (Elephant, Indian Wild Boar dies of Electrocution).
2. It is alleged in the newspaper report that one male Elephant, four wild Boars, one mongoose and crow were found dead in Chungam Forest Division in Cherambadi forest area in Pandalur in Nilgiri District and according to them the incident occurred due to electrocution caused on account of the snapping of live electric wire in that area.Page 3 of 50
3. Since this Tribunal was satisfied that there arises a substantial question of environment, the matter has been admitted. It is also noted that therein that there are already certain directions given by the Principal Bench of National Green Tribunal, New Delhi in such matters as to what are all the precautionary steps that will have to be taken by the Electricity Department and also the Forest Department where electric lines are passing through the forest area where there is a possibility of animals passing. They are expected to take all necessary precautionary measures to prevent such things.
4. This Tribunal also observed that they will have to make necessary steps to avoid live wire coming into contact with animals. Even in cases of accidental snapping of electric cables, there must be some provision for automatic disconnection of electric power immediately when such incidents occur, so that electricity will not pass through the snapped live wire to affect the life of the wild animal in the forest.
5. So, this Tribunal had appointed a Joint Committee comprising of (i) the Principal Chief Conservator of Forests (Head of Forest Force) - Tamil Nadu, (ii) Chairman cum Managing Director - Tamil Nadu Generation and Distribution Corporation (TANGEDCO), (iii) Divisional Forest Officer
- Gudalur Division and (iv) Superintending Engineer - Nilgiris District, Udhagamandalam to enquire into the incident and submit a factual and action taken report against the erring officials and the precautionary steps taken by both the Departments to prevent such things in future. The Divisional Forest Officer - Gudalur Division was designated as the nodal office for co-ordination and for providing all necessary logistics for this purpose.Page 4 of 50
6. Thereafter, the matter has been adjourned from time to time for completion of pleadings by the respondents and also awaiting the report of the Joint Committee either by notification or at the request of the parties.
7. The District Forest Officer - Gudalur Division/4th Respondent filed counter on their behalf and on behalf of Respondents No.1 & 2 contending that on 25.02.2020, one Male wild elephant, 4 wild boars, 1 common mongoose, 1 striped necked mongoose, 3 cobras and 1 crow were found electrocuted in a patta land of Wentworth Estate within Kannampalli beat of Cherangode section in Cherambadi Range. Electrocution occurred as the wild animals came in contact with a stay HT live wire, as observed from the carcass and as per Veterinarian report. The stay wire was found not insulated and electricity was leaking.
The vegetation around the area was also found charred. On getting information, field inspection was conducted and preliminary investigation was carried out. The next morning i.e., on 26.02.2020 the Assistant Engineer of Tamil Nadu Electricity Board was summoned and a joint inspection was conducted at the scene of occurrence. The veterinary Doctor Dr. David Mohan, on request, examined the carcass and confirmed electrocution. Parts of the carcass were charred intensively and were not in a position to be collected for forensic autopsy. According to the Veterinary Doctor, the incident should have occurred approximately 10 days before the date of detection. A pair of tusks which were intact were recovered and kept under safe custody in the Forest Range Office. After preparing the mahazar at spot, the carcass of the dead animals were buried. An offence was booked under Wildlife (Protection) Act, 1972 in WL OR No.1/2020 and the investigation and prosecution are under process. The officials of the Wentworth Estate wherein the incident took place were called upon to Page 5 of 50 tender explanation and in reply, they pleaded no knowledge about any snapping of electric lines and the same is beyond their control and this was submitted by their letter dt. 05.03.2020. At the request of the Forest Department, the Assistant Engineer, O&M/NEDC/TANGEDCO, Cherambadi vide his letter has furnished the tripping details, stating that the death seems to have occurred due to electrocution and there was no supply interruption in the 11 KV Nestle Feeder during the fatal accident and that it could not be ascertained the reason for non tripping. It was further added that the Assistant Executive Engineer has been requested to check the healthiness of relays and VCB in the 11 KV Nestle feeder and after obtaining report, further action will be taken as per TNEB Rules. It is also mentioned therein that in the past, as preventive measure to haphazard occurrence, several communications were sent to Tamil Nadu Electricity Board to take up maintenance and repair works. The District Forest Officer, Gudalur Division vide Ref. No. 2767/17O dated 21.05.2019 had addressed the Divisional Engineer, TNEB, Udhagai indicating the probable danger to wildlife like elephant etc. and requested for necessary action and the same was discussed during the District Level Officers' Meeting held at the Collectorate, Udhagai for appropriate and timely action. The Forest Range Officers were instructed to follow up, monitor and ensure that no wildlife is electrocuted. Subsequently, the Forest Range Officer, Cherambadi Range vide his letters in Ref. No. 148/19 dated 29.06.2019, 07.09.2019 and 27.02.2020, had written to Assistant Engineer, TNEB, Cherambadi on the issue seeking necessary remedial action. The Forest Range Officer had also furnished the list of the areas of threat. GPS reading of the exact spots which require the repairing and maintenance were also furnished to TNEB for necessary action. The Page 6 of 50 Additional Principal Chief Conservator Forests, Coimbatore Circle inspected the site of occurrence on 03.03.2020 and investigated the matter. The Veterinary Consultant who examined the carcasses of wild animals submitted his report dated 06.03.2020 opining that electrocution was possible reasons for the death of the animals. The joint inspection of the subject areas followed by a discussion was held by the Forest and Electricity Board officials viz. the District Forest Officer, Gudalur Division, Assistant Conservator of Forests, Gudalur Division, Forest Range Officers, Cherambadi and Bitherkadu, Superintending Engineer, Assistant Divisional Engineer, Pandalur and Assistant Engineers, Cherambadi respectively on 22.04.2020.During the course of discussion, it was informed that repairing works have been done in certain areas and there are several places like Kappikadu in Cherambadi Range, Rockwood of Pandalur Range, Dharmagiri, Chembala, Ettimoola areas of Gudalur Range etc. where there were sagging transmission lines requiring immediate attention. At the close of the meeting, it was decided that the concerned Lineman of TNEB and the Forest Guard of the beat shall jointly inspect such areas where sagging lines requiring immediate attention are found and submit a monthly report containing the details of action pursued through their respective seniors to the District Forest Officer and the Superintending Engineer. Further, it was also discussed that the guidelines of Ministry of Environment (GOI) and the National Board of Wildlife regarding the overhead electric wires in the forest and wildlife movement areas shall be strictly complied with to avoid untoward incidents. A reference has been addressed to the Superintending Engineer, TANGEDCO, Udhagai for issuing suitable instructions to the concerned personnel for urgent action. Subsequently, the Assistant Engineers, Page 7 of 50 TANGEDCO, Cherambadi, Uppatti and Ayyankolli vide letters Q & M/NEDC TANGEDCO, Cherambadi Ref. No. 166/19-20 dated 21.03.2020, Q7M/NED INGEDCO, Uppatti Ref. No.AE/O&M/UPTY/F/ COMPLAINT/D.No.192/19-20 dated 21.03.2020 and Ref.No.AE/O&M/ UPTY/F/COMPLAINT/D.No. 150/19-20 respectively have sent letters to the respective Forest Range Officers regarding the action taken by the TNEB to repair the sagging wires, in response to the request. As regards the sagging wires in Forest lands, Section 17 Janmam lands and private lands, the Assistant Engineer, TNEB Devarsholai conducted joint inspection with the Forest Range Officer on 16.04.2020 and informed vide his letter No. 46/2020 dated 22.04.2020 that to lift the sagging wires, they are running short of posts and on receipt of the logistics, further action would be taken. The Superintending Engineer, TANGEDCO, Udhagai informed over telephone that the said tasks are a continuing process and further areas are being checked against any such probable hazard for remedial action. The Assistant Engineer, Ayyankolli vide letter dated 11.05.2020 has informed about the action taken on the LT line low sag and pole insertion at various locations.
8. It is further contended that the Executive Engineer, TANGEDCO, Nilgiris Electricity Distribution Circle, Gudalur vide his Letter No.1482020-21 dated 04.07.2020 has sent a report stating that the joint inspection revealed that the accident occurred as the elephant had collided with the HT electric posts which resulted in displacement of the posts to a distance of approximately one foot. As a result, the HT wire came in contact with the posts resulting in the accident. Further, the HT electrical lines and 144 k.m. low sag wire in a distance of approximately 65 k.m. from the Page 8 of 50 Cherambadi Divisional Office are fully maintained by the Assistant Engineer, Agent and Electricity Line Inspector. It is also mentioned that on the basis of the recommendations made by the Joint Committee, further action will be taken in this regard. It is further contended that necessary action has been pursued by the Forest Department, the Tamil Nadu Electricity Board has to ensure healthiness and safety of the power lines in order to prevent recurrence of such incident in future. So, they prayed for accepting their contentions and passing appropriate orders which they will comply with.
9. Respondents No.3 & 5 have filed their reply statement contending that this Tribunal has Suo Motu taken the case on the basis of the paper report published in the Dinamalar daily, Chennai Supplementary dated 27.02.2020 and appointed a Joint Committee to go into the question and submit a report. It is further contended that 66 KV Singara - Calicut & Cannanore Double Circuit Line was laid during the year 1930 from Singara Power Station and subsequently energized during the year 1932 to give Extra High Tension supply to Kerala State. The total number of towers up to Tamil Nadu boundary is 138 nos. and for a distance of 46 kms. The 90% lines are laid through Mudumalai Tiger Reserve and other thick forest areas and the above lines are still in service up to Tower No. 138 to give EHT supply to (i) 66 / 11 KV Gudalur substation, (ii) 66/11 KV Upatty substation and (iii) 66/11 KV Cherambadi substation. After commissioning of the above substations till date no accident has occurred either to any wild animal or to any human being, except the subject issue from the year 1932. The details of 66/11 KV Substations are as follows:- Page 9 of 50
i. 66/11KV - GUDALUR SS The 66/11 KV Gudalur substation consisting of four numbers 11 KV High tension feeders for a total length of 95.58kms which has been commissioned during the year 2016.
Gudalur substation having : 4 Nos (Town feeder, Total no. of 11KV HT Feeder Ovelly feeder, Devarhola feeder, Killoor feeder) HT Services : 11 Nos.
Total length of HT feeder : 95.58 Kms
LTCT Services : 12 Nos.
Total No. of LT Services : 39402 Nos.
a) Domestic : 30343
b) Commercial : 4404
c) Industrial : 123
d) Others : 4532
ii. 66/11KV - CHERAMBADI SS
The 66/11 KV Cherambadi substation which has been
commissioned during the year 2001.
Total no. of 11KV HT Feeder : 3 Nos (Nestle feeder,
Wentworth feeder,
Erumad Feeder)
HT Services : 3 Nos.
Total length of HT feeder : 35.27
LTCT Services : 0
Total No. of LT Services : 7911
a) Domestic : 6055
b) Commercial : 879
c) Industrial : 20
d) Others : 957
All the above three substations are feeding supply to the entire Gudalur and Pandalur Taluks of Nilgiris District and the details of services are as follows:-
Total No. of HT Services 23Total No. of LTCT Services 17
Total No. LT Services 66199 Page 10 of 50
10. It is further contended that the entire lines are being periodically checked by the Electricity Department regularly and if any defects were noticed, they were set right then and there. Further, as stated above, no electrical accident has ever occurred to any animals / human beings since 1932,except the subject issue which also was due to the act of the animal. In the meantime, the subject accident had occurred since the elephant had pushed the structure with enormous strength and the Iron Pole DP (Double Pole) structure had completely moved to a distance of about 152 mm and hence the jumper connecting the two ends of the phase had stepped out of the pin insulator and touched the top channel of the DP and the animal would have got electrocuted through structure pole at that moment of pushing the DP structure. Subsequent to the accident, the jumper in the DP structure was properly connected with pin insulator with strong binding and new stay sets were provided in the DP structure on 26.02.2020 itself. As per Chapter VII Para 58 (3) (i) of Central Electricity Authority Regulations, 2010, clearance above ground of the lowest conductor of overhead lines of voltage upto and including 11,000 Volts is 4.6 Metres i.e., 15 feet. The said regulations read as follows:
"58. Clearance above ground of the lowest conductor of overhead lines.
(1)........
(2)...........
(3) No conductor of an overhead line including service lines, erected elsewhere than along or across any street shall be at a height less than -
(i) for lines of voltage up to and including 11,000 Volts, if bare - 4.6 metres (i.e.,15 feet)
(ii) for lines of voltage up to and including 11,000 Volts, if insulated
- 4.0 metres
(iii) for lines of voltage exceeding 11,000 Volts but not exceeding 33 kV - 5.2 metres"Page 11 of 50
11. It is also contended that in the accident spot, the clearance of the overhead line from ground level is 21 feet which is well above the norms (15 feet) prescribed by the Central Electricity Authority. This apart, there is no low sagging of lines in the accident spot and there is no snapping of conductor in the accident point. The accident site was inspected once again by the Superintending Engineer, TANGEDCO, Nilgiris, along with officials of TANGEDCO on 17.03.2020 and confirmed that the jumper in the DP structure was properly connected with the pin insulator with proper binding and the new stay sets have been provided in the DP structure. As per the mutual discussion with the District Forest Officials, the following precautionary measures have been taken by the TANGEDCO to avoid accidents to the wild animals in the forest area :-
"i. 47 Locations in the entire area of Gudalur and Pandalur have been identified for further heightening of lines by the Forest Officials and the same have been attended.
ii. Further regular maintenance works are being carried out in Cherambadi 66/11KV SS and the associated HT lines emanating from SS to prevent breakdowns and to ensure proper operation of the SS equipments.
iii. The entire HT Ines of 11 KV Feeders fed from the above three substations passing through the forest area had been line patrolled and found normal.
iv. Damaged / corroded poles are being replaced then and there. v. Deteriorated and aged conductors identified and replaced.
vi. Guarding arrangements are being provided
wherever necessary.
vii. Poles are being inserted in the lengthy lines to maintain adequate clearance between ground and Lines.
viii. Cutting of tree branches are being carried wherever necessary ix. It is proposed to provide fencing arrangements around the DP (Double Pole) structure and poles located in the forest remote area.
x. Further contact nos. of TANGEDCO officers/staff in the forest remote areas are published in dailies / website so that if any information Page 12 of 50 received over phone/mobile about any accident to human/wild animals, the staff can reach the spot and can take immediate remedial action."
12. It is further contended that in the interest of wild animals and general public, the following improvement works have been carried out regularly in the forest area:-
"i. Total no of corroded and damaged poles replaced in the forest area during the year 2019-2020 was 51 Nos and during the year 2020- 2021 was 21 Nos.
ii. Further heightening of lines were carried out for 3.5 kms during the year 2019-20 and for the year 2020-2021 was 1.5kms.
iii. During the year 2019-2020, 53Nos of new poles and 2020 2021 20Nos of new poles have been inserted to increase the ground clearance in order to maintain ground clearance as per the Norms at various locations in and around Gudalur and Pandalur Taluk to avoid accident in the forest areas.
iv. During the year 2019-2020, 15Nos of damaged stay and 2020-2021, 15Nos of damaged stay have been rectified to Increase the ground clearance in order to maintain ground clearance as per the Norms at various locations in and around Gudalur and Pandalur Taluk to avoid accident in the forest areas. "
13. The computer based power failure Redressal call centre is functioning at Nilgiris EDC. Consumers can register their power supply failure complaints by dialling a number 1912. Address of the consumer is retrieved at this call centre from the computer database on the contact phone number of the consumer. During the year 2019-20, 700 Nos. of fuse of calls had been received and rectified then and there. They have also taken following steps to avoid complaints and also to rectify the complaints received:-
"i. Further it has been published in the dailies by furnishing the contact Nos. of TANGEDCO officials area, to inform in case of fuse of calls and any other electrical faults.Page 13 of 50
ii. Display Boards are also kept at various locations about the electricity awareness to prevent accidents. Moreover awareness campaigns are conducted in schools regularly. Further wide publicity and awareness are created among the Public through dailies and media as given below:
a. If any snapped electricity conductors are noticed, Inform the Electricity Board and not to touch or go near the snapped conductor.
b. Do not transport vehicles, ladders etc, which are higher in height beneath the electric over head lines.
c. Do not park lorries near transformer structure or electric lines and carry out loading and unloading of materials.
d. Do not tie poultries / domestic animals to the electric poles / stay wires.
e. Do not use electric poles as support to pandals or displaying advertisement board.
f. Handle the electrical apparatus carefully and to contact TANGEDCO staff/officials for fuse off call complaints."
14. Further, in order to meet out situation arising out of monsoon floods and cyclone the following measures were being adopted:
"i. Pre-monsoon inspection of all EHT, HT and LT lines are carried out thoroughly. Rectification works required are also carried out meticulously.
ii. All the structures are inspected thoroughly, loose jumpers and clamps tightened and lightning arrester connections checked up.
iii. In all cyclone prone areas, the distribution lines are strengthened by providing additional stays. Tall trees are cleared to avoid falling on the lines.
iv. The Overhead lines are kept out of service in the areas likely to be affected by heavy wind and rain, flood, cyclone etc. to avoid damage due to snapping of conductors, electrocution etc., v. Sub-station operators are instructed not to recharge the lines before the fault is cleared. They should charge the feeders only after ensuring safety of the public after patrolling the feeders."
15. Apart from the above works, the TANGEDCO assures that the EHT/HT line patrolling is being carried out without any slippage to avoid any Page 14 of 50 unnecessary accidents in future to both animals and human beings. Despite of dearth of staff and the toughest terrain of Nilgiris, no such accidents happened in the past year. They are strictly complying with the norms and regulations, without any default. They were conducting a periodical inspection every 3rd Monday of the month, in the entire district of Nilgiris and ensuring the power supply lines and poles are intact. The TANGEDCO and the Forest Department are mutually agreed to carry out monthly inspection of HT/LT lines in the forest areas and to set right the low sagging of HT and LT lines if any found during the inspection. The TANGEDCO is serving the entire state of Tamil Nadu for providing electric power supply to cities, towns, villages and remote habitations and is serving 3.07 crores consumers. Upliftment of hilly tribal people has been significantly improved due to providing electric power supply. As electricity is the fundamental need for development of economy of the individual and State of Tamil Nadu, extending power supply with all possible safety precautions is being carried out by the TANGEDCO. TANGEDCO will further concentrate on maintenance of these forest area electric lines to avoid such accidents in future. They prayed for accepting their contentions and pass appropriate orders and directions which they will carry out in its letter and spirit.
16. The Joint Committee appointed by this Tribunal had filed its report dated 27.09.2020 received on 30.09.2020 which reads as follows:-
"Report It is respectfully submitted that this Hon'ble Tribunal by orders dated 2 nd March 2020 was pleased to seek reports on the news item appearing in Dinamalar Daily dated 27.02.2020 under the caption "Elephant Indian Wild Boar dies of Electrocution" from a Committee comprising of a. The Principal Chief Conservator of Forests (Head of Department) Page 15 of 50 b. The Chairman cum Managing Director, TANGEDCO c. The District Forest Officer, Gudalur Division and d. The Superintending Engineer, TANGEDCO, Nilgiris. It is submitted that in compliance of the directions, the Committee having pursued the matter diligently by holding meetings on 21.09.2020 and 23.09.2020 (through Video Conferencing) submits the following report:
Brief facts of the case:
On 25.02.2020, wildlife viz. one Male wild elephant, 4 wild boars, 1 common mongoose, 1 striped necked mongoose, 3 cobras and 1 crow were found charred and in a decomposed state in a patta land owned by Wentworth Estate within Kannampalli beat of Cherangode section in Cherambadi Range of Gudalur Forest Division. Immediately on information field inspection was conducted and preliminary investigation was carried. On the same day at about 18.30 hours, the Forest Range Officer, Cherambadi passed on information to the Assistant Engineer (AE) /O&M, Cherambadi, about the occurrence. Since the Assistant Engineer was of Head quarters on 25.02.2020, he deputed Thiru Musafir, Foreman 1 Grade Cheramadi with instruction to inspect the spot and furnish Thiru Ramesh, Line Inspector, Cheramadi with instruction to inspect the sport and furnish report.
The TANGEDCO staff after spot inspection along with forest officials on 25.02.2020 informed that the carcass of the wild animals were found under the Double Pole metal structure of 11 KV Nestle feeder fed off from Cherambadi 66/11KV substation and the accident would have occurred about a week back and postmortem could not be carried out on 25.02.2020 since it was night and dark in the forest area.
An offence was booked under Wildlife (Protection) Act, 1972 in WL OR No.1/2020 of Cherambadi Range.
The next morning i.e., on 26.02.2020 a joint inspection was held by the Assistant Engineer AE O&M Cherambadi/TANGEDCO along with Forest and Revenue officials. The veterinary Doctor Dr. David Mohan, on request, examined the carcass and confirmed electrocution. Parts of the carcass were charred intensively and were not in a position to be collected for forensic autopsy. According to the Veterinary Doctor, the incident must have occurred approximately 10 days before the date of detection. The subordinates concerned have been called upon to explain the reasons for the delayed detection.
A pair of tusks which were intact were recovered and kept under safe custody in the Forest Range Office, Cherambadi. After preparing the sthala mahazar at the spot, the carcass of the dead animals were buried.
The Forest Department called upon Wentworth Estate wherein the incident took place to tender explanation and, in reply, the Went worth Estate pleaded no knowledge about any snapping of electric lines and the same is beyond their control.
The Additional Principal Chief Conservator of Forests, Coimbatore Circle inspected thesite of occurrence on 03.03.2020 and investigated the matter. The Page 16 of 50 Veterinary Consultant who examined the carcasses of wild animals submitted his reported dated 06.03.2020 opining that electrocution was possible reasons for the death of the animals.
Observations:
The TANGEDCO officials observed that the Double Pole (DP) structure under which the body of the animals were found had completely moved by a distance of about 152 mm clearly. It indicates that the elephant must have pushed the structure with enormous strength and hence the jumper connecting the two ends of the phase had stepped out of the pin insulator had touched the top channel of the DP and the elephant might have got electrocuted through the structure pole.
The Jumper in the DP structure was properly connected with pin insulator with strong binding and new stay sets were provided in the DP structure on
26.02.2020 itself. It was also observed and confirmed that there was no snapping of HT lines.
It is submitted that the total length of the 11 KV Nestle feeder fed off from Cherambadi 66/11 KV SS is 3.75 km. and it is the dedicated feeder feeding supply to HT service M/S Nestle India Limited. In the accident spot. the double pole structure is erected with RSJ pole of 30 feet height (9.14 metres). The vertical ground clearance of the HT line available at the accident spot is 21 feet, which is more than the prescribed clearance being adopted by TANGEDCO Norms of 15 feet (4.6 mts). It was also found that there were no low sag and snapping of lines in the accident spot.
Actions pursued:
On 22.04.2020, a joint inspection of the subject areas followed by a discussion was held by the Forest and Electricity Board officials viz. the District Forest Officer, Gudalur Division, Assistant Conservator of Forests, Gudalur Division, Forest Range Officers, Cherambadi and Bitherkadu, Superintending Engineer, Assistant Divisional Engineer, Pandalur and Assistant repairing works have been done in certain areas and there are several places where there were sagging transmission lines requiring immediate attention.
At the close of the meeting it was mutually agreed upon that the concerned Lineman of TNEB and the Forest Guard of the beat shall jointly inspect such areas where sagging lines requiring immediate attention are found and submit a monthly report containing the details of action pursued through their respective seniors to the District Forest Officer and the Superintending Engineer.
Further it was also discussed that the guidelines of Ministry of Environment (GoI) and the National Board of Wildlife regarding the overhead electric wires in the forest and wildlife movement areas shall be strictly complied with to avoid untoward incidents.
Regular maintenance works are being carried out in Cherambadi 66/11KV SS and the associated HT lines emanating from SS to prevent breakdowns and to ensure proper operation of the SS equipments.Page 17 of 50
News item was published in the "DINAMALAR' daily paper dated
27.02.2020 stating that the Elephant, wild boars died of electrocution in Chungam Forest Division in Cherambadi forest area near Pandalur in Nilgiris District. It is also published in the newspaper that the accident had occurred due to snapping of High Tension lines, electricity passed through sty wire and ground which led to the electrocution of the animals and the supply was disconnected immediately. It is also mentioned that the bodies of the animals were buried after post mortem.
On receipt of the application of Hon'ble National Green Tribunal, the accident site was once again inspected by the Superintending Engineer (SE)/Nilgiris EDC along with officials of TANGEDCO on 17.03.2020 and confirmed that the jumper in the DP structure was properly connected with the pin insulator with proper binding and the new stay sets had been provided in the DP structure. It was also confirmed by the SE/Nilgiris EDC that there was no snapping of the HT lines as reported in the newspaper.
Since the members of the Committee, as per the direction of Hon'ble National Green Tribunal, were not able to discuss the matter in person due to the lockdown which has been declared by the Government in view of the advent of the COVID 19 virus, discussions were held only over telephone.
However, in order to prepare and submit factual report to this Hon'ble Tribunal, joint inspection of the spot of the accident was carried out by the Superintending Engineer/Nilgiris EDC along with the District Forest Officer/Gudalur and officials of both the Departments on 22.04.2020.
During the inspection on 22.04.2020, it was mutually agreed upon to carry out monthly inspection of HT/LT lines by the staff of both the departments viz. TANGEDCO and Forest Department and to set right immediately the low sag lines if any.
It is reported by the Superintending Engineer, Nilgiris EDC that re- routing of entire 11 KV HT lines through the road side will be practically impossible and laying of UG cables very expensive and also not 100% accident proof.
The post-mortem of the elephant had been carried out on the carcass of the elephant on26.02.2020. The post-mortem report indicates that the animal came in contact with the electrical pole and burnt by electrocution.
The District Forest Officer, Gudalur Division vide letter dated 18.03.2020 addressed the Superintending Engineer, Nilgiris EDC informed that the actual and action taken report had been submitted to the Hon'ble National Tribunal (SZ) through the Principal Chief Conservator or Forest (Head of Department) Chennai and also informed to send a similar factual and action report from TANGEDCO side. Accordingly report was sent from the CMD/TANGEDCO to the Hon'ble Tribunal on 18.05.2020. (Copy enclosed).
It is reported by the Senior Engineer, Nilgiris EDC that the following precautionary measures have been taken to avoid accidents to the wild animals in the forest area:
Page 18 of 50
1) Low sagging of lines identified and pointed out by the Forest Officials in 47 locations in the entire area of Gudalur and Pandalur have been rectified.
2) Regular maintenance works are being carried out in Cherambadi 66/11KVSS and the associated HT lines emanating from 5S to prevent breakdowns and to ensure proper operation of the SS equipments.
3) The entire HT lines of 11 KV Nestle Feeder was line patrolled and found normal.
4) It was agreed to carry out joint inspection monthly by both TANGEDCO and Forest Officials as per the instruction of Hon'ble National Green Tribunal.
5) All the officers and staff of Nilgiris EDC have been strictly instructed to ensure that such accidents do not occur in future.
Documents submitted:
The following documents are submitted herewith for favour of kind perusal of this Hon'ble Tribunal:
1. Copy of the spot inspection report on 25.02.2020 and 26.02.2020 (Annexure - I)
2. Copy of Dinamalar Daily Newspaper report dated 27.02.2020 (Annexure - II).
3. Copy of Post-mortem report (Annexure-III)
4. Copy of photo showing the joint inspection held by the Forest & TANGEDCO officials. (Annexure IV)
5. Copy of Image showing the Iron pole of 11 KV Nestle feeder DP structure moved due to pushing by elephant. (Annexure V)
6. Copy of Image showing the vertical distance between the 11 KV Nestle feeder DP structure's lines and ground (Annexure-VI)
7. Copy of sketch showing before and after rectification of Jumper stepped out of the pin insulator from 11 KV Nestle feeder DP structure (Annexure VII).
It is pertinent to submit that the location of the accident is a patta land owned by M/s Wentworth Estate falling within the Cherambadi Range of Gudalur Division which shares borders with Mudumalai Tiger Reserve, Muthanga Wildlife Sanctuary of Kerala State, Nilambur forests of Kerala State and Nilgiris Forest Division and Gudalur Forest Division serves as connectivity for migrating herbivores and carnivores.
It is respectfully submitted that necessary action has been pursued by the Forest Department and the Tamil Nadu Electricity Board to ensure healthiness and safety of the power lines in order to prevent recurrence of such incidents in future.
The Committee submits that the accident in question occurred not on account of any human error.
It is therefore prayed that this Hon'ble Tribunal may be pleased to accept this Report and dispose of the above matter passing any orders that may be deemed fit and proper in the circumstances of the case and thus render justice." Page 19 of 50
17. Heard the learned counsel for the Forest Department and other State Departments and also the learned counsel for the TANGEDCO.
18. The learned counsel appearing for the State Department argued that electricity is a dangerous substance that is likely to cause the death of human beings and animals, if not properly handled. The TANGEDCO is expected to take all precautionary measures to avoid such incidents in the future. Further, if scientific and technological improvements were taken into account to cut off the electric power automatically, then passing of electricity through the live line when it contacts with any other good conductor or coming into contact with human and animal can be avoided. Even though such incidents are recurring in several places, no such scientific methodology has been adopted by them and that shows the negligence on the part of the electricity department. Further, there are a lot of instructions given by the MoEF&CC and also the Forest Department regarding the maintenance and drawing of electric lines and the precautionary methods to be adopted which is passing through the forest area, especially through the animal habitat and corridors and such methodology has not been properly applied and according to the learned counsel, that resulted in the incident. Further, since the death has occurred due to negligence on the part of the Electricity Department, they are liable to pay compensation for the same.
19. On the other hand, the learned counsel appearing for the TANGEDCO submitted that there was no negligence on the part of the employees of the Electricity Board and all necessary precautions have been taken to avoid such incident and electrocution due to passing of electric line while sagging. Further, since 1932 after the commission of line was made, no Page 20 of 50 such incident has happened in that area and that shows the precautionary methods adopted by the Electricity Board are effective in that area and it is only a single incident in which such things happened which cannot be said to be due to the negligence on the part of the department.
20. The learned counsel also argued that the Joint Committee report and other documents produced will go to show that it was due to the act of the animal which resulted in snatching of live wire from the insulated pin conductor to which it was fixed and coming into contact with the stay wire which resulted in unfortunate electrocution of the animal. So, that cannot be attributed to any negligence on the part of the department. They have taken all precautionary methods and they have prepared to take further precautionary measures (if any) to be suggested by this Tribunal in this regard. So, according to the learned counsel, the department cannot be mulcted with the liability of payment of compensation for the death caused. They prayed for accepting their contentions and passing appropriate orders providing necessary directions to avoid such incidents in the future.
21. As directed by this Tribunal, the TANGEDCO has filed future measures to be taken to avoid such incidents in the form of an affidavit which reads as follows:-
"Affidavit I, Er. Vasunair Premkumar, aged 58 years, Son of C.Vasunair, having address at Nilgiris Elecy. Distn. Circle, Udhagamandalam, do hereby solemnly affirm and state as follows :-
1. I humbly submit that I am the Superintending Engineer of TANGEDCO/NEDC/Ooty and as such, I am well acquainted with the facts of the Page 21 of 50 case from the available records and I am competent to swear this affidavit on behalf of TANGEDCO/NEDC/Ooty
2. I submit that this Hon'ble Tribunal has taken up the present matter suo motu based on the report "Elephant, Indian Wild Board dies of Electrocution".
3. I submit that the Hon'ble Tribunal vide its order dated 13.12.2021 directed this Respondent to file "Methodology now available to avoid such incidents and effectiveness of such methodology and what is the nature of improvements required for that purpose."
4. I submit that pursuant to the above direction of this Hon'ble Tribunal, the following reports is hereby submitted for consideration of this Hon'ble Tribunal:
i. The fatal accident occurred to the elephant due to the Double pole (DP) Structure under which the carcass of the animals was found, had been moved by almost a distance of 152mm, which clearly indicates that the elephant would have pushed the structure with enormous strength due to which the jumper connection between two ends of a phase had stepped out of the pin insulator. Hence the accident was not manmade but purely an act of nature.
ii. The subject line was laid during the year 1932, since then no such incident has happened in the said division and this was the first incident since 1932, which was purely by the act of an animal.
iii. The stepped out jumper from the pin insulator did not touch the double pole structure and induction might have been the reason for the fatal accident and to avoid these type of accidents in future, the existing Electro mechanical Relay (Relay: Which senses the fault and isolates the supply from main lines by operating Vacuum Circuit breaker) have been replaced with Numerical relay with the following details:
Relay : Numerical relay Make : VMC Type : Directional/Non Directional over current and Earth Fault relay Model : VN 200 R Serial : 019-11260 iv. The advantages and comparison over electro mechanical relay is given below:2 Page 22 of 50
v. By considering the above points in future even a minor leakage current due to induction faults, the numerical relay will sense the fault and trip the vacuum circuit breaker to cut off the supply immediately to save lives and under no circumstances will it be fatal even if the accident is due to an act of an animal.
vi. The construction of concrete pillar around the pole is not feasible and advisable, since the subject area is a reserved forest and the said construct will affect the environment badly. Hence, this Respondent has already implemented the above method to avoid any untoward incident in future.
5. It is submitted that Joint inspections by Forest Officials and TNEB officials are being conducted regularly in Gudalur Division and following locations were cleared to avoid accidents in future. Page 23 of 50 Page 24 of 50 Page 25 of 50 Page 26 of 50 Page 27 of 50
6. It is submitted that this Respondent is taking earnest steps to protect the wild animals and will abide by any directions of this Hon'ble Tribunal.
Under the above circumstances, it is respectfully prayed that this Hon'ble Tribunal may be pleased to take this affidavit on record and close the application and pass such orders as it deems fit and thus render justice."
22. We have considered the newspaper report, pleadings submitted by the parties, report of the Joint Committee and also considered the precedents in this aspect and submissions made by the counsel for the respondents, as it is a Suo Motu matter.
23. The points that arise for consideration are:-
(i) Whether the TANGEDCO can be made responsible for the death of wild animals like elephant, wild boars etc. Page 28 of 50 near the reserve forest area due to electrocution caused from the passage of electricity from the Double Pole established for the transmission of electric supply to the Wentworth Estate within Kannampalli beat of Cherangode section in Cherambadi Forest Range?
(ii) What is the quantum of compensation, if any payable for the loss of wild animals due to electrocution?
(iii) What are all the directions to be given for the purpose to mitigate the circumstances to avoid such incidents in future, applying the "Precautionary Principle"?
(iv) Relief and costs.
Points:-
24. The above case has been Suo Motu registered by this Tribunal on the basis of the newspaper report published in the Dinamalar, Chennai Supplementary dated 27.02.2020 under the caption "kpd;rhuk; gha;e;J ahid> gd;wpfs; gyp" (Elephant, Indian Wild Boar dies of Electrocution). It is alleged in the newspaper report that one male Elephant, four wild Boars, one mongoose and crow were found dead in Chungam Forest Division in Cherambadi forest area in Pandalur in Nilgiri District. According to the newspaper report, the incident occurred due to electrocution caused on account of the snapping of live electric wire in that area. Since this Tribunal was satisfied that there arises a substantial question of environment, as protection of wildlife also part of protection of environment, since they also contribute for the protection of forest and Page 29 of 50 environment, the matter was admitted by this Tribunal and appointed a Joint Committee to go into the quest and submit a report.
25. Based on the directions of this Tribunal, the Joint Committee has filed the report, wherein it was observed that on 25.02.2020, the Forest Department received an information that the carcasses of 1 male wild elephant, 4 wild boars, 1 common mongoose,1 striped necked mongoose, 3 cobras and 1 crow were found charred and in a decomposed state in a patta land owned by Wentworth Estate within Kannampalli beat of Cherangode section in Cherambadi Range of Gudalur Forest Division. On getting information, a field inspection was conducted and preliminary investigation was carried out. At about 06:60 p.m., the Forest Range Officer - Cherambadi passed on information to the Assistant Engineer (AE) /O&M - Cherambadi, about the occurrence. Since the Assistant Engineer was out of Head quarters on 25.02.2020, he deputed Foreman 1 Grade, Cheramadi and one Line Inspector, Cheramadi with instruction to inspect the spot and furnish the report. They conducted the inspection along with the forest officials on 25.02.2020 itself and informed that the carcasses of the wild animals were found under the Double Pole metal structure of 11 KV Nestle feeder fed off from Cherambadi 66/11KV substation and the accident would have occurred about a week back and post-mortem could not be carried out on 25.02.2020, since it was night and dark in the forest area.
26. It is also seen from the report that an offence report was registered under Wildlife (Protection) Act, 1972 as WL OR No.1/2020 of Cherambadi Range. On 26.02.2020, in the presence of veterinary doctor, the area was again inspected and on examination of the carcasses of the animals, the Page 30 of 50 doctor informed that incident would have occurred 10 days before the date of detection. Thereafter, after formalities, the carcasses of the wild animals were buried. It is also seen from the report that on the basis of the inspection conducted by the TANGEDCO officials, it was observed that the Double Pole (DP) structure under which the body of the animals were found had completely moved by a distance of about 152 mm and according to them, this would have happened due to the elephant pushing the same with enormous strength and hence, the jumper connecting the two ends of the phase had stepped out of the pin insulator and had touched the top channel of the DP and the elephant might have got electrocuted through the structure pole. According to them, the Jumper in the DP structure was properly connected with pin insulator with strong binding and new stay sets were provided in the DP structure on 26.02.2020 itself. It was observed and confirmed that there was no snapping of HT lines.
27. So, it is clear from this that there was some displacement occurred in the electric connection connected to the pin insulator and on account of the same, it touched the Double Pole and the stay wire and electricity passed through this, when the elephant and the wild animals contacted with the same, resulted in the incident.
28. So, the fact that the death of wild animals due to electrocution caused on account of passage of electricity from the Double Pole on account of displacement of the pin insulator is not in dispute. As in the case of human being, no contributory negligence can be attributed to wild animals. There is a duty cast on the TANGEDCO to provide all necessary precautionary methods to avoid such incidents of electrocution being caused due to Page 31 of 50 electric supply when they are laying the transmission lines either through the Forest area or near the forest area where the possibility of wild animals passing is anticipated. It is not the only incident where such incident happened. It is seen from another newspaper report published in Dinamani Daily dated 03.11.2020 that there was another incident of electrocution of wild tusker happened in Gudalur Forest Division in Bitherkadu Forest area.
29. It is also an admitted fact that electricity is a dangerous substance and whenever supply of such substance is being undertaken by a statutory body, they are expected to take extra care to avoid of such incident, affecting not only the human being but also the wildlife which are likely to pass through that area. It is also an admitted fact that though the incident occurred ten days back of its detection on 25.02.2020, there was no case for either the TANGEDCO or the private patta owner for whose benefit this connection was granted that on account of that, alleged act of the elephant, power supply was disconnected immediately and they had no knowledge about the incident till 25.02.2020 when it was informed by the locals who happened to see the charred bodies of the animals there.
30. It is also seen from the statement submitted by the TANGEDCO and the Forest Department that only after detection of the incident on 25.02.2020 inspection was conducted and the same was rectified only on 26.02.2020. If there is any scientific methodology adopted by the Electricity Board when such snapping or displacement occurs in the live electrical wire or in the poles for automatic disconnection of power supply, then such type of incident could have been avoided. It was time and again held by the Hon'ble Apex Court as well as various Hon'ble High Courts that death Page 32 of 50 caused due to electrocution even during rainy season cannot be attributed as an Act of God to exempt the Board from liability to pay compensation. In those cases, the Hon'ble Apex Court as well as High Court have applied principle of Strict Liability and held the Board liable for negligence and responsible to pay compensation for the kith and kin of the persons who died due to electrocution.
31. In the decision reported in Varghese& Anr. Vs. Kerala State Electricity Board in A.S. No.661 of 1997 (E) dated 01.03.2013 relying on the decision of the Apex Court in M.P. Electricity Board Vs. Shail Kumari (2002) 2 SCC 162, Kunjan Raghavan Vs. Kerala State Electricity Board (2010) 4 KLT 914 and Rylands Vs. Fletcher (1868 LR 3HL 330) observed that in such cases, the principle of "Res Ipsa Loquitur" will apply and applying the principle of "Strict Liability", the Board is liable under tort to pay compensation the parents of the deceased who died due to electrocution.
32. In the decision reported in M.P. Electricity Board Vs. Shail Kumari (supra) the Hon'ble Apex Court has observed that "It is an admitted fact that the responsibility to supply electric energy in the particular locality was statutorily conferred on the Board. If the energy so transmitted causes injury or death of a human being, who gets unknowingly trapped into it, the primary liability to compensate the sufferer is that of the supplier of the electric energy. So long as the voltage of electricity transmitted through the wires is potentially of dangerous dimension, the managers of its supply have the added duty to take all safety measures to prevent escape of such energy."
Page 33 of 50
33. It is further observed in the same decision that "Even assuming that all such measures have been adopted, a person undertaking an activity involving hazardous or risky exposure to human life, is liable under law of torts to compensate for the injury suffered by any other person, irrespective of any negligence or carelessness on the part of the managers of such undertakings. The basis of such liability is the foreseeable risk inherent in the very nature of such activity. The liability cast on such person is known, in law, as "strict liability". It differs from the liability which arises on account of the negligence or fault in this way i.e. the concept of negligence comprehends that the foreseeable harm could be avoided by taking reasonable precautions. If the defendant did all that which could be done for avoiding the harm, he cannot be held liable when the action is based on any negligence attributed. But such consideration is not relevant in cases of strict liability where the defendant is held liable irrespective of whether he could have avoided the particular harm by taking precautions."
34. The question as to whether the wild animals are also having the same right as of human being has been considered by the Hon'ble Apex Court in T.N. Godavarman Thirumulpad Vs. Union of India (2012) 3 SCC 277 where it has been observed that "Environmental justice could be achieved only if we drift away from the principle of anthropocentric to eco-centric. Many of our principles like sustainable development, polluter-pays principle, inter-generational equity have their roots in anthropocentric principles. Anthropocentrism is always human interest focussed and non-human has only instrumental value to humans. In other words, humans take precedence and human responsibilities to non- human based benefits to humans. Ecocentrism is nature centred where humans are part of nature and non-human has intrinsic value. In other words, human interest do not take automatic precedence and humans have obligations to non-humans independently of human interest. Ecocentrism is therefore life-centred, nature- Page 34 of 50 centred where nature include both human and non- humans. The National Wildlife Action Plan 2002-2012 and centrally sponsored scheme (Integrated Development of Wildlife Habitats) is centred on the principle of ecocentrism. The National Wildlife Action Plan (2002-2016) is intended to provide adequate protection to wildlife in multiple use areas such as Government forests outside PAs, various Community Conserved Areas like sacred groves, community and panchayat forests, identified private forests such as interspersed forests in tea, coffee and cardamom gardens and other protection landscapes, farm lands, wastelands, wetlands, coastal habitats, heronries, wintering wetlands of birds, catchment forests, turtle nesting sites, pastures for livestock and wild herbivore, deserve ecosystems."
35. Further, while considering the animals rights, the Hon'ble Apex Court in Animal Welfare Board of India Vs. A. Nagaraja & Ors. (2014) 7 SCC 547dealing with the constitutional validity of conducting Jallikattu and Bull races observed that animals are also having the same right that of a human being and their right will have to be protected in tune with protection of human rights and the principle of human rights will have to be extended to animal rights as well.
36. Further, the question of similar incidents caused death of elephant due to electrocution have been considered by the Principal Bench of National Green Tribunal, New Delhi in O.A. No.844 of 2018 [News item published in The Times of India Authored by Riyan Ramnath titled "Hanging live wire kills 7 jumbos in Odisha"] and O.A. No.1031 of 2018 [News item published in The Times of India titled "Electrocuted at Meghamalai Forest"] where the Joint Committee had made certain recommendations which was extracted in Para (4) of that order which reads as follows:- Page 35 of 50
"1). The major cause of the deaths of elephants and human beings is due to the conflict arising out of the fragmentation of the elephant habitats due to the various developmental, agricultural and other economic activities. The Securing of the safe elephant corridors by the states has been advised by the Ministry of Environment, Forests and Climate Change by its various advisories. National Board of Wildlife has also advised the states to ensure safe passages for elephants as suggested in the Gaja Report released by the Ministry. The various options were advised like declaring ecological sensitive zones, acquisition of the lands, increasing the protected area by including the corridors and also by declaring community or conservation reserve where ever feasible.
2). The Human Elephant conflict management guidelines issued by the Ministry on 6th October 2017 may be followed and complied with by the States to prevent the conflicts and the resultant deaths of elephants and humans in the country.
3). An animal passage plan has to be prepared and incorporated in the new linear infrastructure proposals before submitting the same for approval by Government of India. Mitigation plans also to be prepared and implemented in the existing railway lines, power lines, roads, irrigation structures expeditiously by mobilizing funds from different sources including own funds.
4). All the linear infrastructure agencies including the Electricity distribution companies/utilities should adhere to the guidelines for linear infrastructures being taken up in Forest & Wildlife areas, prepared by the Wildlife Institute of India and released by the Ministry of Environment, Forests and Climate Change. States shall ensure compliance of the same.
5). Strict compliance of the provisions of the Indian Electricity Rules, 1956 in erection & maintenance of the lines especially the rules 29, 46, 63 & 65, is the fore most requirements in prevention of electrocution deaths of elephants in Odisha and in all other elephant areas of the country.
6). The minimum clearance in forest areas may be kept at 20 feet as recommended by the Karnataka Elephant Task Force report 2012. The clearance between trees and conductors shall not be less than 2.6 metres for 11 KV & 2.8 metres for 33 KV lines. The sag & swing of conductors are to be kept in view while working out minimum clearances.
7). The recommendations of the A.K. Biswal Committee report of 2010 may be complied with by the State Electricity Distribution companies/entities to prevent the deaths of elephants Odisha and also in other parts of the country.
8). The Central Electricity Authority guidelines on erection and maintenance of electricity lines should invariably be complied with by all the electricity distribution companies/utilities and the same shall be ensured by the State Governments.Page 36 of 50
9). The poles/towers should be strengthened with cement concrete along with suitable stay wires to keep the poles in place. Barbed wires may be placed on poles and transformers to prevent elephant and other wild animals touching the poles so as to prevent the sagging of the poles and lines.
10). Inspection of lines to ensure use of approved material & ground clearance of the lines may be undertaken regularly at least twice a year. A joint inspection of the lines may be taken up with the Electricity and Forest Department in the Forests and adjoining areas.
11). A third party independent audit of the compliance of the erection & maintenance of lines as per Indian Electricity Rules, 1956 and related guidelines of the Central Electricity Authority may be taken up every year without fail.
12). The line span to be appropriate to prevent sagging considering the topography, wind speed and possibility of wildlife movement. The spans should be invariably be kept to the minimum in forest areas.
13). Fast acting protection relays/releases may be provided for the distribution lines. Auto reclosures must not be used in distribution lines passing through the wildlife areas. Circuit breakers to be appropriate and invariably be provided as per the norms.
14). Use of insulation particularly for conductors of 11 KV and below shall be ensured & all old transmission lines shall be replaced with insulated cables on war footing. In the existing lines passing through forest & wildlife areas shall be converted into insulated cables within six months.
15). The Energy Department of Odisha to report the compliance of the decisions taken in the meeting held on 03.11.2018 by Chief Secretary of Odisha regarding cabling and prevention of sagging of lines by 31st December, 2018.
16). States shall report the progress of the conversion of the lines into insulated cables and underground insulated cables to the Ministry of Environment, forest & Climate Change, and Government of India on a monthly basis. (Copy of photo of model insulated cables in WL areas in Karnataka is at Annexure 1 (a).
17). No new line should be charged in forest and adjoining areas without a clearance certificate from Forest Department after inspection so as to ensure safety of wild life moving in the area.
18). The State Electrical Inspectorate should not give permission to charge new lines without ensuring compliance of the mandatory provisions of Indian Electricity Act and Rules. Further the electrical inspectors shall also conduct frequent inspections in the lines passing through forest areas without waiting for remittance of mandatory fees.Page 37 of 50
19). Forest & Wildlife Department of the States should ensure that the field staff at Range and section level carry out regular patrolling in elephant movement areas and alert the electricity department and other agencies like Railways, Highways and Irrigation Departments etc. All elephant movement should be taken serious by lower staff and ensure preventive action by the concerned agencies.
20) The huge vacancy in the field staff positions prevents the forest department from taking up regular patrolling and coordination activities. Hence these posts shall be filled up urgently and a report to be submitted to the Government of India every six months on the progress. All vacant posts shall be filled up by March 2020.
21). There should be coordination committees with Forest & Electricity Departments and other agencies like Railways, Highways etc. for taking up various preventive activities to prevent elephant deaths. The State Governments shall ensure effective functioning of these committees and a report be furnished to the Government of India at regular intervals.
22). Regular patrolling to prevent deaths due to poisoning, retaliation etc. to be taken up by the Forest Departments involving communities and other agencies to ensure that elephants are allowed to pass safety into their habitats.
23). Capacity building and sensitization of the field staff of all linear infrastructure departments may be taken up by the concerned departments with the help of the State Forest Departments."
37. Recommendations No.3 to 14 and 16 to 19 are relevant for our purpose. It will be seen from the above recommendations that the use of insulation particularly for conductors of 11 KV and below shall be ensured & all old transmission lines shall be replaced with insulated cables on war footing. In the existing lines passing through forest & wildlife areas shall be converted into insulated cables within six months. No new line should be charged in forest and adjoining areas without a clearance certificate from Forest Department after inspection so as to ensure safety of wild life moving in the area. The State Electrical Inspectorate should not give permission to charge new lines without ensuring compliance of the mandatory provisions of Indian Electricity Act and Rules. Further the Page 38 of 50 electrical inspectors shall also conduct frequent inspections in the lines passing through forest areas without waiting for remittance of mandatory fees.
38. It is also mentioned therein that fast acting protection relays/releases may be provided for the distribution lines. Auto reclosures must not be used in distribution lines passing through the wildlife areas. Circuit breakers to be appropriate and invariably be provided as per the norms.
39. So, it is clear from this that certain scientific methodology has to be followed to avoid such incident. Quite unfortunately, these things are recurring all over the country, the Electricity Boards are not taking appropriate steps to avoid such incidents by providing all scientific methods by which this can be avoided. Whenever, electric poles are installed, either in the forest area or near the forest area in the private lands where animal passage is expected, they are expected to provide necessary enclosures of the poles so that wild animals can avoid such areas. However, if such an obstruction is made on that way in a prominent manner, they are likely to deviate from the same to avoid in coming into contact with such dangerous supply lines.
40. Admittedly, till the inspection was conducted on 25.02.2020, though the incident happened ten days prior to that according to the post mortem report, there was no report showing that the electricity supply was automatically disconnected when the insulator was given way from the pin. It is also not known whether the electric supply was conducted through the pole till it was rectified on 26.02.2020, as seen from the Joint Page 39 of 50 Committee report, but fortunately, no further untoward incidents happened thereafter.
41. So under such circumstances, we are not inclined to accept the contentions of the TANGEDCO that they are not liable for the act resulted on account of the act of the elephant and they cannot made responsible for the incident and they are not liable to pay any compensation.
42. So under such circumstances, applying the principle "Res Ipsa Loquitur"
and also the principle of "Strict Liability" as referred to above, we hold that the TANGEDCO is responsible for the incident and they are liable to pay compensation.
43. As regards the quantum of compensation is concerned, it is not possible to quantify the amount as in the case of loss of life of human being. Wildlife including elephants are contributing lot for protection of environment and any loss of wildlife will have impact on environmental ecology. The Principal Bench of National Green Tribunal, New Delhi in O.A. No.844 of 2018 and O.A. No.1031 of 2018 by orders dated 20.12.2018 and 16.05.2019 [this was considered after the Central Electricity Supply Utility of Odisha has challenged the order in the above case dated 20.12.2018 and remanded back for consideration by orders of the Hon'ble Apex Court in Civil Appeal No.1989 of 2019 (Central Electricity Supply Utility of Odisha Vs. Government of India)] and imposed a compensation of Rs.4 Crore to be payable by the Electricity Department for loss of seven elephants caused on account of electrocution.
Page 40 of 50
44. As regards the Gudalur incident is concerned, there are no details available before this Tribunal. So, without getting details, it is not proper on the part of this Tribunal to consider that also for the purpose of imposing compensation. So, we are only confining to the death caused to one Male wild elephant, 4 wild boars, 1 common mongoose, 1 striped necked mongoose, 3 cobras and 1 crow alone. So, applying the Pro rata Principle compensation and Doctrine of Proportionality, taking into account of quantum of which was fixed by the Principle Bench, we feel that imposing an amount of Rs.75,00,000/- (Rupees Seventy Five Lakhs only) as compensation will be just and reasonable, considering the nature of wild animals died due to the electrocution which the Respondents No.3 & 5 representing the TANGEDCO, the tort-feasor are jointly and severally liable to pay and this amount will have to be paid to the account of Principal Conservator of Forests (Head of Forest Force) and Chief Wildlife Warden - Tamil Nadu and the PCCF (HoFF) and Chief Wildlife Warden is directed to utilize this amount for protection of wildlife and also to protect mitigation measures to prevent man-animal conflict including causing death due to electrocution etc. at the hotspots.
45. Apart from this, we feel that certain directions can also be issued to the Forest Department as well as to the TANGEDCO for maintaining the electric lines and conducting supervisions etc. to avoid such things in future. We are not in agreement with the submissions made by the counsel for the TANGEDCO that providing underground cable in these areas is not practicable as it is expensive. Merely because it is expensive, is not a ground to execute such scientifically feasible option to avoid loss of life of human as well as wildlife. That aspect also will have to be Page 41 of 50 considered by them, whenever they are lying lines either in the forest area or near the forest area where the possibility of passage of animals which are likely to come into contact with the electrical poles or lines.
46. So under such circumstances, we feel that following directions can also be issued to be complied with by both the Forest Department as well as the TANGEDCO to avoid such incidents in future applying the Precautionary Principle:-
a. Wherever the supply lines of whatever nature is passing through the forest area or near the forest area where animal passage is anticipated, as far as possible underground cable system will have to be provided with necessary sensors and other protective measures, atleast to the area where the possibility of animal passage is anticipated.
b. The Official Respondents are directed to adopt the Guidelines framed by the National Board for Wildlife (NBWL) in July 2019 and set up electricity infrastructure for minimal disturbance to wildlife in protected areas and areas which are frequented in areas bordering the Forests. Besides NBWL recommended measures like burying transmission lines underground, setting up reinforced electric poles fitted with spikes to prevent elephants from rubbing against them, lifting sagging overhead power lines and dismantling of defunct solar-powered fences to protect the animals from coming in contact with these potential sources of electrocution. They are also expected to insulate the existing lines on a priority basis especially in areas where underground cabling is not feasible for techno-economic reasons. In such areas, TANGEDCO may use ABC (Aerial Bunched Page 42 of 50 Cables) for power transmission lines running through protected areas and eco sensitive zones in the first phase and in addition ensure regular maintenance and reporting. (It is also claimed that Aerial Bundled Cable (ABC) is an innovative concept for Over Head (OH) power distribution, when compared to conventional bare conductor OH distribution systems, ABC provides higher safety and reliability, lower power losses, stability in voltage regulation and ultimate system economy by reducing installation, maintenance and operation cost. This system is ideal for rural distribution and especially attractive for installation in difficult terrain such as hilly areas, dense forests, coastal regions, etc. These lines can also be laid without cutting or trimming of any trees- source Central Electricity Authority).
c. TANGEDCO should note that transformers can also be of particular concern because of their location, proximity to trees where elephants may lean, howlers forage, or because of the number of howlers and other wildlife that have been killed and prepare an action plan to insulate the Transformers and create a barbed wire fencing around the Transformers and Electric poles in areas which are frequented by Elephants and Tigers. Like in Sri Lanka Shields may be mounted on electrical posts to prevent monkeys from reaching the electrical wires, thereby averting their electrocution.
d. The TANGEDCO is directed to provide numerical relays with necessary scientific and technological protective mechanism so as to disconnect electric supply automatically whenever such displacements or snapping has happened to avoid supply of electricity through the livewires and avoid such incident in future Page 43 of 50 and if it is not already done, they are directed to carry out this operation throughout the State wherever such possibilities are recurring, after identifying the hotspots of such incidents. e. Apart from this, they are also directed to follow the recommendations made by the Principal Bench of National Green Tribunal, New Delhi in respect of Odisha which was extracted in Para (4) of the Judgment dated 20.12.2018 as discussed in the earlier paragraphs.
f. The Joint Task Force is also directed to be constituted involving the Forest, Revenue, Development/Local Body officials and the TANGEDCO for the purpose of conducting periodical inspection to check whether any further maintenance work or repair is required to avoid such things happening in future.
g. The State Government is also directed to provide necessary infrastructure as well as financial assistance for implementation of such directions issued by this Tribunal so as to avoid such things being happening not only to wildlife but also to human life caused due to electrocution in coming into contact with the live electric line either due to snapping or otherwise resulting in leakage of electricity due to reasons unknown as well.
h. A permanent advisory committee be appointed by the State Government involving the Principal Secretary for Environment and Forests, Principal Chief Conservator of Forests (Head of Forest Force), Chief Wildlife Warden and a Senior Official from the TANGEDCO and a Senior Forest Officer of the area where such things are recurring for the purpose of evaluating the situation from time to time and provide necessary precautionary measures to be Page 44 of 50 taken to avoid such things in future and also for evolving a permanent scientific and technologic methods in consultation with experts in the field to avoid such incidents in future which both the Forest Department as well as the TANGEDCO has to implement without fail.
47. The points are answered accordingly.
48. In the result, this application is disposed of as follows:-
(i) The TANGEDCO is held responsible for the death of wild animals viz., 1 male wild elephant, 4 wild boars, 1 common mongoose, 1 striped necked mongoose, 3 cobras and 1 crow due to electrocution applying the "Strict Liability"
principle and the principle of "Res Ipsa Loquitur".
(ii) The TANGEDCO is directed to pay a compensation of Rs.75,00,000/- (Rupees Seventy Five Lakhs only) to the Forest Department for the death of wild animals caused due to electrocution and this amount will have to be paid to the account of Principal Chief Conservator of Forests (Head of Forests Force) - Tamil Nadu within a period of 3 (Three) months.
(iii) If the amount is not deposited by the TANGEDCO within the time mentioned above, the Principal Chief Conservator of Forests (HoFF) and Chief Wildlife Warden is entitled to execute the award by approaching the District Collector to Page 45 of 50 recover the amount under Revenue Recovery Act, 1890 or under Section 25 of the National Green Tribunal Act, 2010.
(iv) The Principal Chief Conservator of Forests (Head of Forests Force) and Chief Wildlife Warden is directed to utilize the amount for implementing the measures to be taken by the Forest Department to avoid man-animal conflict including electrocution of wild animals due to passing of electricity line either in the forest area or near the forest area where wild animal passage is anticipated.
(v) Wherever the supply lines of whatever nature is passing through the forest area or near the forest area where animal passage is anticipated, as far as possible underground cable system will have to be provided with necessary sensors and other protective measures, atleast to the area where the possibility of animal passage is anticipated.
(vi) The Official Respondents are directed to adopt the Guidelines framed by the National Board for Wildlife (NBWL) in July 2019 and set up electricity infrastructure for minimal disturbance to wildlife in protected areas and areas which are frequented in areas bordering the Forests. Besides NBWL recommended measures like burying transmission lines underground, setting up reinforced electric poles fitted with spikes to prevent elephants from rubbing against them, lifting sagging overhead power lines and dismantling of defunct solar-powered fences to protect Page 46 of 50 the animals from coming in contact with these potential sources of electrocution. They are also expected to insulate the existing lines on a priority basis especially in areas where underground cabling is not feasible for techno- economic reasons. In such areas, TANGEDCO may use ABC (Aerial Bunched Cables) for power transmission lines running through protected areas and eco sensitive zones in the first phase and in addition ensure regular maintenance and reporting. (It is also claimed that Aerial Bundled Cable (ABC) is an innovative concept for Over Head (OH) power distribution, when compared to conventional bare conductor OH distribution systems, ABC provides higher safety and reliability, lower power losses, stability in voltage regulation and ultimate system economy by reducing installation, maintenance and operation cost. This system is ideal for rural distribution and especially attractive for installation in difficult terrain such as hilly areas, dense forests, coastal regions, etc. These lines can also be laid without cutting or trimming of any trees- source Central Electricity Authority).
(vii) TANGEDCO should note that transformers can also be of particular concern because of their location, proximity to trees where elephants may lean, howlers forage, or because of the number of howlers and other wildlife that have been killed and prepare an action plan to insulate the Transformers and create a barbed wire fencing around the Page 47 of 50 Transformers and Electric poles in areas which are frequented by Elephants and Tigers. Like in Sri Lanka Shields may be mounted on electrical posts to prevent monkeys from reaching the electrical wires, thereby averting their electrocution.
(viii) The TANGEDCO is directed to provide numerical relays with necessary scientific and technological protective mechanism so as to disconnect electric supply automatically whenever such displacements or snapping has happened to avoid supply of electricity through the livewires and avoid such incident in future and if it is not already done, they are directed to carry out this operation throughout the State wherever such possibilities are recurring, after identifying the hotspots of such incidents.
(ix) Apart from this, they are also directed to follow the recommendations made by the Principal Bench of National Green Tribunal, New Delhi in respect of Odisha which was extracted in Para (4) of the Judgment dated 20.12.2018 as discussed in the earlier paragraphs.
(x) The Joint Task Force is also directed to be constituted involving the Forest, Revenue, Development/Local Body officials and the TANGEDCO for the purpose of conducting periodical inspection to check whether any further maintenance work or repair is required to avoid such things happening in future.
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(xi) The State Government is also directed to provide necessary infrastructure as well as financial assistance for implementation of such directions issued by this Tribunal so as to avoid such things being happening not only to wildlife but also to human life caused due to electrocution in coming into contact with the live electric line either due to snapping or otherwise resulting in leakage of electricity due to reasons unknown as well.
(xii) A permanent advisory committee be appointed by the State Government involving the Principal Secretary for Environment and Forests, Principal Chief Conservator of Forests (Head of Forest Force), Chief Wildlife Warden and a Senior Official from the TANGEDCO and a Senior Forest Officer of the area where such things are recurring for the purpose of evaluating the situation from time to time and provide necessary precautionary measures to be taken to avoid such things in future and also for evolving a permanent scientific and technologic methods in consultation with experts in the field to avoid such incidents in future which both the Forest Department as well as the TANGEDCO has to implement without fail.
(xiii) The Registry is directed to communicate this order to the Chief Secretary, State of Tamil Nadu, Principal Secretary for Environment, Principal Chief Conservator of Forests (Head of Forest Force) and Chief Wildlife Warden - Tamil Page 49 of 50 Nadu, Managing Director, TANGEDCO for their information and compliance of the direction.
49. With the above observations and directions, this application is disposed of.
Sd/-
.......................................J.M. (Justice K. Ramakrishnan) Sd/-
...................................E.M. (Dr. Satyagopal Korlapati) O.A. No.51/2020 (SZ), 19th January, 2022. Mn.
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