The Supreme Court has upheld the decision to translocate deer from A.N. Jha Deer Park, Hauz Khas, endorsing a scientific, welfare-oriented approach and accepting in full the recommendations of the Central Empowered Committee (CEC).
The case arose from a challenge to the relocation of hundreds of deer from the urban park to wildlife reserves in Rajasthan and Delhi. The petitioner arguing that the animals should instead be retained and accommodated within expanded facilities in Delhi. However, the Bench of Justice Vikram Nath and Justice Sandeep Mehta found that the existing park lacked the ecological carrying capacity and legal recognition required to sustain such a large population.
Relying on the CEC’s detailed findings, the Court noted that the enclosure could sustainably support only about 38 deer, while the current population had grown far beyond that due to lack of regulation. It also recorded that the Central Zoo Authority had cancelled the park’s “mini zoo” status, making continued large-scale retention of deer untenable in law.
Rejecting objections to translocation, the Court emphasised that wildlife cannot be indefinitely confined in inadequate urban enclosures:
“We cannot be unmindful of the fact that deer, being a wildlife species, ought not to be confined to cages or restrictive enclosures save in exceptional and compelling circumstances duly justified in law and on ecological considerations.”
Accordingly, the Court upheld the Delhi High Coutr order and issued the following 7 directions:
1. The Court accepted all recommendations of the Central Empowered Committee (CEC) on deer management and translocation.
2. Authorities were directed to relocate surplus deer from A.N. Jha Deer Park in a phased and time-bound manner, strictly following scientific guidelines and under CEC supervision.
3. Retention of up to 38 deer at the park was permitted, subject to approval from the Central Zoo Authority (CZA) and compliance with prescribed conditions. The Delhi Development Authority (DDA) must upgrade infrastructure, logistics, and manpower, and maintain sex ratio of of 15 males to 23 females deer to properly manage the retained deer population.
4. Authorities were directed to implement all additional remedial and conservation measures recommended by the CEC.
5. The Court directed that the status of A.N. Jha Deer Park as a protected forest shall not be altered under any circumstances.
6. The Ministry of Environment, Forest and Climate Change (MoEF&CC) must examine and implement the CEC’s translocation guidelines within six months, giving them statutory status and reporting compliance to the Court.
7. Registry to immediately forward a copy of its order, along with the CEC report, to the MoEF&CC for necessary compliance.
Appearances
For Petitioner- Ms. Rukhsana Choudhury, AOR Ms. Amita Singh, Adv. Ms. Shumaila, Adv.
For Respondents- Mr. Nitin Mishra, AOR Ms. Mitali Gupta, Adv. Mr. Aishwarya Bhati, A.S.G. (NP) Mr. Gurmeet Singh Makker, AOR Ms. Ruchi Kohli, Sr. Adv. Mr. Piyush Beriwal, Adv. Ms. Chitrangda Rastravara, Adv. Mr. Pratyush Srivastava, Adv. Mr. Rohan Gupta, Adv. Mr. Mukesh Kumar Maroria, AOR
