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2025 Supreme(SC) 1358
SUPREME COURT OF INDIA
VIKRAM NATH, SANDEEP MEHTA, JJ.
New Delhi Nature Society Through Verhaen Khanna – Petitioner
VERSUS
Director Hotriculture Dda & Ors. – Respondents
Special Leave Petition (C) No (s). 13374-13375 of 2025
Decided On : 26-11-2025
For the Petitioner(s): Ms. Amita Singh, Adv. Ms. Rukhsana Choudhury, AOR Ms. Shumaila, Adv.
For the Respondent(s): Ms. Aishwarya Bhati, A.S.G. Mr. Mukesh Kumar Maroria, AOR Ms. Shreya Jain, Adv. Ms. Chitrangda Rastravara, Adv. Mr. Jagdish Chandra, Adv. Mr. Nitin Mishra, AOR Ms. Mitali Gupta, Adv. Mr. Gurmeet Singh Makker, AOR
Compliance with wildlife conservation norms is mandatory, and translocation processes must adhere to guidelines ensuring animal welfare and ecological integrity.
Headnote:(A) Wild Life (Protection) Act, 1972 - Sections 38H(4) and 38H(6) - Public interest litigation regarding translocation of deer from A.N. Jha Deer Park to various wildlife sanctuaries - Allegations of management deficiencies, violations of guidelines, and improper conditions for translocation. (Paras 1, 20, 23)
(B) Compliance with conservation norms - Duty of authorities to adhere strictly to guidelines to ensure animal welfare and ecological integrity. (Paras 17, 24)
Facts of the case:
The case involves the translocation of deer due to overcrowding and management failures at the Deer Park, raising concerns of violations of the Wild Life (Protection) Act. The petitioner-Society challenged the legality of these actions, claiming failure to adhere to proper guidelines.
Findings of Court:
The court directed an independent assessment by the Central Empowered Committee (CEC) to provide oversight on the deer population management and translocation processes.
Issues: Whether the translocation of deer complied with legal standards and whether past actions constituted violations of wildlife protection laws.
Ratio Decidendi: The court emphasized that scientific assessment and adherence to guidelines are essential for wildlife management, asserting the need for lawful and humane treatment of animals.
Result: Directions issued for an assessment of the deer population and the conditions of translocation. No further translocation permitted until compliance is ensured.
| Table of Content |
|---|
| 1. challenge to deer translocation legality. (Para 1 , 2 , 3) |
| 2. background details on the deer park's establishment and issues. (Para 4 , 5 , 6 , 8) |
| 3. regulatory non-compliance and court orders. (Para 7 , 10 , 12) |
| 4. court directions for factual assessment. (Para 13 , 14) |
| 5. court's observations on translocation practices and irregularities. (Para 15 , 16 , 17 , 18 , 19 , 20 , 21) |
| 6. issuance of comprehensive survey and assessment directions. (Para 22) |
| 7. conclusion reinforcing wildlife conservation principles. (Para 23 , 24 , 25) |
ORDER :
Mehta, J.
| Table of Contents | |
| I. | INTRODUCTION |
| II. | BACKGROUND OF THE CASE |
| III. | PROCEEDINGS BEFORE THIS COURT |
| IV. | DISCUSSION AND ANALYSIS |
| V. | DIRECTIONS |
| d | VI. CONCLUSION |
I. INTRODUCTION
1. The controversy in the instant case centres around the proposed translocation of hundreds of deer from the A.N. Jha Deer Park in Hauz Khas, New Delhi1 [Hereinafter, being referred to as 'Deer Park’.], an urban green sanctuary for captive deer, to different wildlife sanctuaries/Tiger reserves in the State of Rajasthan as well as within New Delhi. The translocation sought to be undertaken ostensibly on the pretext of overcrowding, is alleged to be in contravention of the norms established by the Central Zoo Authority, Ministry of Environment, Forest & Climate Change, Government of India2 [Hereinafter, being referred to as 'Central Zoo Authority’.], guidelines framed under the Wild Life (Protection) Act, 1972, as well as the International Union for Conservation of Nature Guidelines for Reintroductions and Other Conservation Translocations3 [Hereinafter, being referred to as ‘ICUN Guidelines’.].
2. The Petitioner-New Delhi Nature Society4 [Hereinafter, being referred to as ‘petitioner-Society’.] filed a public interest litigation Writ Petition5 [Writ Petition (C) No. 12275 of 2023.] before the High Court of Delhi6 [Hereinafter, being referred to as ‘High Court’], challenging the proposal for translocation of the deer mooted by the authorities, which came to be disposed of vide order dated 19th July, 2024. A subsequent application7 [CM Application No. 49658 of 2024] seeking the recall of the order dated 19th July, 2024, was dismissed by the High Court vide order dated 24th January, 2025. These two orders form the subject matter of challenge in the present special leave petitions.
3. We now turn to the facts underlying the present proceedings, the submissions advanced by the parties, and the issues that emerge, to determine whether the intervention of this Court is warranted and whether any corrective or consequential directions, are required.
II. BACKGROUND OF THE CASE
4. In 1968, the Delhi Development Authority8 [Hereinafter referred to as ‘DDA’] established the Deer Park, namely, Aditya Nath Jha Deer Park (commonly called AN Jha Deer Park), within the larger green expanse of Hauz Khas Park, South Delhi. The total green area measures approximately 142.30 hectares, of which 10.26 acres were originally earmarked for the deer enclosure, subsequently increased to 10.97 acres by the year 2021. In 1968, the DDA introduced a population of chital/spotted deer (Axis axis) brought from the State of Uttarakhand, making the Deer Park, apart from the Delhi Zoo (a.k.a. National Zoological Park, New Delhi), the only urban setting in the capital city where the public could view spotted deer in a semi-natural environment. Over the years, the Deer Park has evolved into a significant ecological and recreational space, attracting not only visitors but also a variety of small mammals, birds, reptiles, insects, and nocturnal species. It also has specific sections for ducks and rabbits’ enclosures. The Deer Park, along with adjacent public parks, makes up one of the largest lush green areas in the capital city, for which it is given the name of the ‘lungs of Delhi.’
5. The DDA operated the Deer Park under a license issued by the Central Zoo Authority, a statutory body constituted under the Wild L
