Case Note & Summary
The case concerns a public interest litigation filed by the New Delhi Nature Society challenging the proposed translocation of hundreds of deer from the A.N. Jha Deer Park in Hauz Khas, New Delhi, to various wildlife sanctuaries and tiger reserves in Rajasthan and within New Delhi. The petitioner alleged that the translocation was being undertaken on the pretext of overcrowding but in contravention of norms established by the Central Zoo Authority, the Wild Life (Protection) Act, 1972, and the IUCN Guidelines for Reintroductions and Other Conservation Translocations. The High Court had passed certain orders, against which the petitioner approached the Supreme Court. The Supreme Court, after hearing the parties, noted the need for an expert assessment of the carrying capacity of the Deer Park and the feasibility of translocation. The Court directed status quo to be maintained and constituted an expert committee comprising representatives from the Central Zoo Authority, Wildlife Institute of India, and other experts to evaluate the situation and submit a report. The Court emphasized that any translocation must strictly comply with legal and scientific guidelines to ensure the welfare of the animals. The matter was adjourned for further hearing after receipt of the committee's report.
Headnote
A) Environmental Law - Wildlife Protection - Translocation of Captive Deer - Wild Life (Protection) Act, 1972, Central Zoo Authority Guidelines, IUCN Guidelines - The proposed translocation of hundreds of deer from A.N. Jha Deer Park to wildlife sanctuaries/tiger reserves in Rajasthan and New Delhi was challenged as being in contravention of established norms. The Court directed status quo and constituted an expert committee to assess overcrowding and feasibility of translocation, emphasizing compliance with legal and scientific guidelines. (Paras 1-30) B) Public Interest Litigation - Maintainability - Environmental Protection - The petitioner, New Delhi Nature Society, filed a PIL before the High Court seeking to prevent the translocation. The Supreme Court entertained the SLP against the High Court's order and issued interim directions to protect the deer pending expert assessment. (Paras 2-13) C) Expert Committee - Constitution - Translocation Feasibility - The Court directed the formation of a committee comprising representatives from the Central Zoo Authority, Wildlife Institute of India, and other experts to evaluate the carrying capacity of the Deer Park and the suitability of proposed translocation sites. (Paras 27-30)
Issue of Consideration
Whether the proposed translocation of deer from A.N. Jha Deer Park to wildlife sanctuaries/tiger reserves is in contravention of the norms established by the Central Zoo Authority, the Wild Life (Protection) Act, 1972, and the IUCN Guidelines for Reintroductions and Other Conservation Translocations.
Final Decision
The Supreme Court directed status quo to be maintained and constituted an expert committee to assess the carrying capacity of the Deer Park and the feasibility of translocation. The committee is to submit a report. The matter was adjourned for further hearing.
Law Points
- Translocation of captive deer must comply with Central Zoo Authority norms
- Wild Life (Protection) Act
- 1972
- and IUCN Guidelines
- public interest litigation maintainable for protection of zoo animals
- expert committee required to assess carrying capacity and translocation feasibility.
