Full Judgment Text
2026 INSC 419
REPORTABLE
IN THE SUPREME COURT OF INDIA
EXTRA ORDINARY APPELLATE JURISDICTION
SPECIAL LEAVE PETITION (CIVIL) NO(S). 13374-13375 OF 2025
NEW DELHI NATURE SOCIETY
THROUGH VERHAEN KHANNA ….PETITIONER(S)
VERSUS
DIRECTOR HORTICULTURE
DDA & ORS. ….RESPONDENT(S)
J U D G M E N T
Mehta, J.
1. Heard.
2. The controversy involved in the instant special
leave petitions revolves around the translocation of
hundreds of deer from A.N. Jha Deer Park, Hauz
1
Khas, New Delhi to different wildlife
sanctuaries/Tiger reserves in the State of Rajasthan
as well as within New Delhi.
3. The detailed facts relating to controversy are
th
already delineated in the order dated 26 November,
Signature Not Verified
Digitally signed by
NEETU KHAJURIA
Date: 2026.04.27
19:08:55 IST
Reason:
1
Hereinafter, being referred to as “A.N. Jha Deer Park”.
1
2025 wherein this Court gave the following
directions: -
“22. In light of the foregoing discussion, and to
ensure that the welfare of the deer population is
secured in accordance with the statutory framework
prevailing in India and internationally accepted
conservation guidelines/norms, we issue the
following directions:
A. The Central Empowered Committee (CEC)
shall conduct an on-ground survey of A.N. Jha
Deer Park and file a detailed report before this
Court within eight weeks. The report shall
specifically enumerate:
i. the present population of deer in the Deer
Park;
ii. the ecological carrying capacity of the Deer
Park, based on space, fodder availability,
veterinary infrastructure, and enclosure
design;
iii. the maximum number of deer that can be
sustainably and humanely maintained at
the Deer Park; and
iv. the surplus population, if any, that must be
considered for translocation.
B. The CEC shall further undertake an inspection
of the release sites, i.e., Ramgarh Vishdhari Tiger
Reserve and Mukundra Hills Tiger Reserve in the
State of Rajasthan and file a status report within
eight weeks. The report shall specifically
enumerate:
i. the number of deer actually present and
surviving;
ii. habitat suitability, availability of forage and
water, predation risks, and mitigation
measures;
iii. veterinary monitoring mechanisms and
post-release protocols;
iv. compliance with guidelines issued by the
Central Zoo Authority and the IUCN
Guidelines.
2
C. The CEC shall also prepare a comprehensive
roadmap for any future translocation, detailing
the scientific methodology, identification and
tagging processes, procedural safeguards,
transportation protocols, veterinary
requirements, ecological feasibility studies, and
post-release monitoring framework, in strict
conformity with the domestic statutory regime
and IUCN Guidelines.
D. All concerned authorities shall extend full
cooperation to the CEC , ensuring timely
support, information sharing, and access to
necessary sites, required for implementing these
directions. Any failure or delay in compliance
shall invite appropriate action.
E. The DDA shall, within eight weeks, place on
record a comprehensive report detailing the past
and present status of land formerly designated
for deer enclosures, including the unexplained
reduction of more than 20 acres reported in the
Evaluation Reports.
F. The DDA is directed to refrain from organizing,
permitting, or facilitating any commercial
events, private parties, or non-conservation
related gatherings within the premises of the
A.N. Jha Deer Park or its surrounding ecological
buffer zones. The use of the said park for such
purposes is inconsistent with its designation as
an urban ecological zone and captive animal
enclosure. Instead, DDA may develop and
implement a non-commercial public outreach
programme, which shall include periodic
educational visits for school and college
students, guided nature walks in collaboration
with recognized environmental NGOs, and
biodiversity awareness campaigns, in order to
foster a culture of ecological sensitivity and civic
participation in conservation efforts.
G. Until further orders of this Court, no additional
translocation of deer from A.N. Jha Deer Park
3
shall be carried out by the respondents or any
other authority.”
4. In compliance with the aforesaid directions
given by this Court, the Central Empowered
th
Committee has submitted a detailed report dated 6
March, 2026, running into 428 pages, along with
suggested Standard Operating Procedures for
translocation of the animals. For the sake of
convenience, the important observations and
recommendations contained in the said report are
extracted hereinbelow: -
“17. For assessing the carrying capacity of the
existing deer enclosure, the CEC examined the
Guidelines for Establishment and Scientific
Management of Zoos in India, 2008, issued by the
Central Zoo Authority (CZA). It prescribes a
minimum outdoor enclosure area of 1,500 sq.
metres per pair of spotted deer (Axis axis), excluding
areas utilised for barriers, shelters, pathways, and
service infrastructure. Treating approximately
70% of the gross enclosure area as net usable
open space, the existing enclosure at A.N. Jha
Deer Park, measuring about 10.26 acres (41 ,500
sq. metres), provides an estimated usable area of
about 29,000 sq. metres. On this basis, the
enclosure can sustainably accommodate
approximately 19 deer units (pairs), resulting in
a scientifically assessed carrying capacity of
around 38 deer. Applying the CZA-prescribed
optimal sex ratio of 2 males to 3 females, the
enclosure can optimally sustain approximately
15 male deer and 23 female deer.
[……]
4
20. Pursuant to the submissions made by the
petitioner, the CEC inspected certain additional
areas within the A.N. Jha Deer Park that could, in
theory, be considered for relocation or expansion of
the existing deer enclosure. The CEC also briefly
visited Arun Jaitley Park, Sin Fort Road, New Delhi,
as suggested by the petitioner, to examine its
suitability as an alternative site. However, the CEC
is of the considered view that relocation of deer
either within the same park or to other urban
parks under the management of the DDA would
merely shift, rather than resolve, the existing
management concerns. In the absence of
substantive improvements in habitat quality,
enclosure design, staffing, veterinary
infrastructure, and scientifically informed
population regulation measures, such relocation
would likely recreate similar welfare and
ecological issues over time. Accordingly, intra-
park or inter-park relocation within Delhi cannot
be regarded as a sustainable long-term solution.
In contrast, scientifically managed translocation
of captive-managed spoiled deer to ecologically
suitable wild landscapes constitutes a rational,
sustainable, and we are compliant management
response.
[……]
52. The CEC therefore finds that, when
undertaken with appropriate scientific and
regulatory safeguards, the translocation of
captive- managed spotted deer into ecologically
suitable tiger reserves is scientifically justified,
ethically defensible, and consistent with the
applicable national statutory framework as well
as internationally accepted conservation norms.
The CEC further observes that natural predation
upon translocated prey species represents
successful ecological integration into the wild
and contributes to population regulation,
enhancement of genetic fitness, and
maintenance of trophic balance. The presence of
5
viable predator populations in both Tiger
Reserves is indicative of habitat integrity and
ecological completeness, and augmentation of
prey species, including spotted deer, serves to
stabilize predator dynamics while reducing
ecological pressures on alternative prey species
and adjoining landscapes.
COMPREHENSIVE ROADMAP FOR ANY FUTURE
TRANSLOCATION
53. Wildlife translocation has emerged as an
important conservation and wildlife management
tool aimed at addressing ecological imbalances,
mitigating human-wildlife conflict, and
strengthening wildlife populations through
scientifically planned interventions. However, such
measures involve complex ecological, ethical, and
legal considerations, requiring careful planning,
regulatory oversight, and adherence to established
conservation principles. This Hon’ble Court has
directed that the CEC shall also prepare a
comprehensive roadmap for any future
translocation, detailing the scientific
methodology, identification and tagging
processes, procedural safeguards, transportation
protocols, veterinary requirements, ecological
feasibility studies, and post-release monitoring
framework, in strict conformity with the
domestic statutory regime and IUCN Guidelines.
Accordingly, a detailed exercise was done by the
CEC with involvement of Shri Sanjay Shukla,
Former Member Secretary, Central Zoo Authority
and Shri R. Hemantha Kumar, Former Deputy
Director General, MoEF&CC to frame
comprehensive Guidelines on Animal
Translocation seeking to establish standardized
procedures grounded in statutory requirements,
international best practices, and animal welfare
considerations, ensuring that future
translocation initiatives in India are undertaken
6
in a transparent, scientifically sound, and
ecologically responsible manner.
RECOMNENDATIONS
54. Taking into account all the relevant factors,
including field observations and the Central Zoo
Authority (CZA) Guidelines, the CEC recommends
that the existing deer enclosure at A. N. Jha Deer
Park be regulated in accordance with its
scientifically assessed carrying capacity, with
particular emphasis on the following:
i. In accordance with the extant CZA norms, the
enclosure can sustainably and humanely
accommodate 38 spotted deer (Axis axis),
with an optimal sex ratio of 15 males to 23
females.
ii. The aforesaid population of 38 spotted deer
may continue to be maintained at A. N. Jha
Deer Park only upon formal recognition and
approval of the facility by the CZA, and
strictly subject to full compliance with all
conditions and prescriptions stipulated by
the CZA.
iii. In view of the larger public interest and the
association of A. N. Jha Deer Park, with the
city of Delhi, the CZA may consider granting
the requisite recognition to A. N. Jha Deer
Park, subject to full compliance with all
recommendations contained in the CZA
inspection report dated 17.12.2025. The
status of compliance with the aforesaid
recommendations shall be monitored by the
CZA, and a compliance report shall be
submitted to the Central Empowered
Committee (CEC) within a period of six
months from the date of such recognition.
iv. In addition to compliance with CZA
recommendations, the following immediate
and time-bound remedial measures shall be
implemented at A.N. Jha Deer Park:
7
a. All non-functional water troughs shall be
repaired and made fully operational at
the earliest, preferably before
01.03.2026;
b. Exclusion plots shall be created within
the enclosure and planted with native
grasses and fodder species to facilitate
habitat enrichment and controlled
grazing;
c. Supplementary green fodder and
concentrate feed shall continue to be
provided in addition to natural forage;
d. Dedicated night shelters shall be
constructed within the enclosure to
provide adequate protection and resting
space for deer during nocturnal hours;
e. The damaged capture boma presently
located within the enclosure shall be
repaired immediately to eliminate safety
risks to the animals;
f. Native trees, shrubs, and grass species
shall be planted along the periphery of
moats and barriers to improve habitat
quality; and
g. Designated and safe public viewing areas
shall be developed to allow regulated
public access without compromising
animal welfare.
v. The CZA shall exercise continuous regulatory
oversight over A.N. Jha Deer Park, monitor
compliance with the applicable guidelines,
and place periodic compliance reports before
the CEC. The CEO may conduct an inspection
of the park at least twice a year and suggest
mid-course corrections, if necessary.
vi. The Delhi Development Authority (DDA) shall
constitute an independent advisory
committee comprising subject-matter
experts and civil society representatives to
promote transparency, public engagement,
8
and participatory management of A.N. Jha
Deer Park.
vii. The DDA shall urgently fill all vacant
sanctioned posts at A.N. Jha Deer Park,
including Malis, one Veterinary Officer, one
Wildlife Biologist, and one Curator, as the
availability of trained manpower is essential
for effective animal husbandry, habitat
management, and emergency response.
viii. All lakes and water bodies within A.N. Jha
Deer Park shall be rejuvenated, desilted
where required, and provided with an
appropriate aeration/oxygenation
mechanism to improve water quality and
overall ecological function.
ix. Taking a broader ecological perspective, the DDA
shall undertake plantation of native fruit and
forage trees and shrubs across all DDA-managed
parks to enhance urban biodiversity, support
native wildlife, and mitigate pollution in the NCT
of Delhi.
x. With respect to long-term management of the
retained deer population at the A.N. Jha Deer
Park, the DDA shall consider the adoption of
non-invasive and scientifically validated
population regulation measures. The CZA shall
engage and fund the Wildlife Institute of India
(WII) to design and implement a pilot project on
immunocontraception in spotted deer at A.N.
Jha Deer Park. The outcomes of the pilot project
may serve as a scientific basis for managing
surplus deer populations, including in other
zoos across the country.
xi. Relocation of deer to other areas within A.N.
Jha Deer Park, or to other DDA-managed
parks, would merely result in a spatial
transfer of the existing problem. Therefore,
intra-park or inter-park relocation of deer,
without addressing the fundamental issues of
carrying capacity and population regulation,
does not constitute a sustainable or long-
9
term management solution and shall be
rejected.
xii. In the event that A.N. Jha Deer Park is
permitted to continue operations, the
Wildlife Institute of India (WII) shall identify
and scientifically select 38 deer (15 males
and 23 females) to be retained at A.N. Jha
Deer Park under improved management and
welfare conditions. The remaining surplus
population shall thereafter be translocated in
a phased manner, under the overall
supervision of the Central Zoo Authority
(CZA). The Rajasthan Forest Department, in
coordination with the WII, shall undertake
such translocation to Mukundara Hills Tiger
Reserve (MHTR) and Ramgarh Vishdhari Tiger
Reserve (RVTR), ensuring strict adherence to
all prescribed protocols relating to capture,
handling, transportation, acclimatisation
through soft release, and post-release
monitoring.
xiii. All future translocations shall mandatorily
follow soft-release protocols. Direct hard
release of deer into free-ranging conditions
shall not be resorted to. Telemetry collars
shall be deployed on a representative subset
of translocated deer to enable scientific
assessment of survival, dispersal,
recruitment, and mortality, and to inform
adaptive management.
xiv. Systematic and standardised post-release
monitoring protocols shall be institutionalised at
all release sites, including periodic
documentation of herd size, age-sex
composition, habitat use, and predator-prey
interactions, with records maintained in a
retrievable and auditable format.
xv. Specialised prey transfer vehicle similar to
those available at MHTR shall be mandatorily
utilised for all future prey translocations in
10
the country to ensure humane, safe, and
stress-minimised transport of animals.
xvi. The CZA shall develop a detailed and
standardised protocol for the mass capture,
handling, and safe transportation of herbivore
species in cases involving translocation from
zoos or captive facilities to natural, free-ranging
habitats.
xvii. The step-wells (Bawris) and lakes within MHTR
and RVTR shall be identified, revived, and
rejuvenated in a time-bound manner, as these
traditional water structures constitute critical
ecological assets for sustaining wildlife,
particularly during lean and dry periods.
xviii. The rivers passing through MHTR and RVTR,
while constituting important natural freshwater
systems, were observed to be severely degraded
and functionally reduced to wastewater drains
as they traverse urban settlements downstream
of the reserves. These river systems and their
catchment areas shall be managed in an
integrated and judicious manner, including
provision of adequate pollution abatement and
wastewater treatment facilities, so as to restore
their ecological integrity. Such interventions may
serve as model examples for river conservation
in forest landscapes across the country.
xix. The Highway corridors connecting Jaipur to
Ramgarh Vishdhari Tiger Reserve (RVTR) and
Mukundara Hills Tiger Reserve (MHTR), as well
as the associated roadside stretches, were
observed to be largely devoid of tree cover. The
National Highways Authority of India (NHAI), in
coordination with the Rajasthan Forest
Department, may undertake immediate
plantation of native tree species along these
corridors to improve landscape connectivity,
mitigate edge effects, and enhance the ecological
attributes of the surrounding landscapes.
xx. The Rajasthan Forest Department shall take
immediate steps to fill all vacant positions at
11
RVTR and MHTR, and submit a compliance
report to NTCA in this regard.
xxi. The CEC observes that invasive alien species,
such as Lantana camara and Parthenium , etc.,
are rapidly colonising forest patches within
MHTR, RVTR, and adjoining landscapes, posing
a serious threat to native biodiversity, habitat
quality, and ecosystem functioning. In this
context, the systematic management
interventions, including manual, mechanical,
and scientifically evaluated biological control
measures, may be undertaken to control and
manage invasive alien species in protected areas
and forest landscapes.
xxii. The CEC further notes that there is presently no
comprehensive national or state-level legal
framework addressing the prevention, control, or
management of invasive alien species across
various landscapes. Invasive alien species,
whether plants, animals, or microbes, pose a
real, imminent, and long-term threat to the
country’s biodiversity and ecological security.
The CEC, therefore, requests that this Hon’ble
Court may consider taking cognisance of this
issue at a national level and, if deemed
appropriate, issue directions for the formulation
of a coordinated legal, policy, and management
framework to address invasive alien species
across India.
xxiii. Habitat and water management measures,
including maintenance of man-made waterholes
supported by solar-powered borewells, shall be
continued and strengthened, particularly during
lean and dry periods, to support wildlife
populations.
xxiv. Natural predation by tiger and leopard
populations at recipient sites constitutes an
intrinsic ecological process and shall not be
treated as an adverse outcome of translocation,
provided releases are scientifically planned and
monitored.
12
xxv. The draft comprehensive roadmap
(ANNEXURE R-12) prepared by the CEC for
future wildlife translocations, incorporating
scientific methodology, identification and
tagging protocols, procedural safeguards,
transportation and veterinary requirements,
ecological feasibility assessment, and post-
release monitoring framework, in conformity
with the applicable statutory regime and
IUCN Guidelines, shall be examined by the
Ministry of Environment, Forest and Climate
Change (M0EF&CC) and implemented, with
such modifications as may be deemed
appropriate, within a period of six months,
and compliance shall be reported to this
Hon’ble Court. ”
[Emphasis supplied]
5. In substance, the report of the Central
Empowered Committee affirms the decision to
translocate the deer to appropriate wildlife reserves.
It notes that the Central Zoo Authority, in exercise of
its powers under Section 38H(6) of the Wild Life
(Protection) Act, 1972, has cancelled the recognition
of A.N. Jha Deer Park as a “mini zoo”, on account of
persistent non-compliance with zoo management
norms, failure to regulate the deer population, and
the expiry of its licence in August, 2021. Under such
circumstances, the continued retention of the deer at
the said park is impermissible in law, there being no
duly recognised statutory authority to ensure their
13
proper management. The report further records that
the deer population has increased exponentially due
to the absence of effective population control and
sterilisation measures, thereby necessitating their
translocation.
6. It may further be noted that the High Court of
th
Delhi, vide order dated 19 July, 2024, disposed of
the writ petition filed by petitioner herein upon taking
th
on record an additional affidavit dated 18 July,
2
2024 filed by the Delhi Development Authority . In
the said affidavit, it was stated that, as a policy
decision approved by the Vice Chairman, DDA and
endorsed by the Lieutenant Governor of Delhi,
approximately two dozen deer would be retained at
A.N. Jha Deer Park, subject to renewal of its “mini
zoo” status by the Central Zoo Authority, and that
necessary steps would be taken to obtain such
approval. It was further indicated that the remaining
deer could be translocated to forest areas in
neighbouring States, having regard to the limited
carrying capacity within Delhi and concerns relating
to poaching. In view of the aforesaid stand and the
2
For short, “DDA”.
14
willingness expressed by the DDA to abide by
applicable guidelines, the High Court of Delhi
permitted the resumption of the translocation
process in accordance with the terms set out in the
affidavit.
7. Pursuant thereto, certain number of deer were
translocated to the Mukundara Hills Tiger Reserve
(MHTR) and the Ramgarh Vishdhari Tiger Reserve
(RVTR). However, as recorded in the report of the
Central Empowered Committee, the said exercise was
undertaken in a manner that was unduly harsh and
not in consonance with established principles
governing wildlife translocation. The report observes
that the deer, having been confined to a controlled
habitat for a considerable period, had no exposure to
open forest ecosystems, thereby rendering such
abrupt relocation unsuitable and potentially
detrimental to their survival and well-being. In this
backdrop, the Central Empowered Committee has
underscored the necessity of adopting a carefully
structured and scientifically informed mechanism for
translocation, ensuring due regard to habitat
acclimatisation, animal welfare, and ecological
sustainability.
15
8. Learned counsel representing the petitioner
vehemently and fervently contended that the decision
to translocate the deer from the A.N. Jha Deer Park
is unjustified and unwarranted. It was submitted
that there exists sufficient contiguous and adjoining
land in and around the A.N. Jha Deer Park which can
be suitably utilised for accommodating the increased
deer population that has arisen due to breeding in
captivity. According to the learned counsel, instead of
resorting to translocation, which may expose the
animals to significant stress and survival challenges,
the authorities ought to explore the alternative of
habitat expansion within the existing precincts. It
was further urged that such an approach would
ensure continuity of a controlled and familiar
environment for the deer, while effectively addressing
concerns of overcrowding without necessitating their
relocation to unfamiliar forest ecosystems thereby
causing a grave threat to their survival.
9. However, having regard to the fact that the
Central Zoo Authority has already cancelled the
recognition granted to the A.N. Jha Deer Park as a
“mini zoo”, and further taking into account that the
local authorities lack the requisite financial resources
16
as well as infrastructural capacity to effectively
sustain and fulfil the objectives for which the said
deer park was originally established, the continuance
of the existing arrangement does not commend
acceptance. This position is further reinforced by the
opinion of the Central Empowered Committee, an
independent expert body, which has categorically
observed that the A.N. Jha Deer Park does not
possess the requisite carrying capacity to sustain
such a large population of deer. 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.
10. In this backdrop, and upon a conspectus of the
material placed on record, we are of the considered
th
opinion that the impugned order dated 19 July,
2024 passed by the High Court of Delhi, whereby the
additional affidavit filed by the DDA proposing
relocation of the deer from the A.N. Jha Deer Park,
with retention of approximately two dozen deer
subject to obtaining recognition from the Central Zoo
Authority, was accepted, as well as the impugned
17
th
order dated 24 January, 2025, whereby the
th
application seeking recall of the order dated 19 July,
2024 came to be dismissed, cannot be said to be
unjustified or suffering from any legal infirmity. On
the contrary, the said course appears to be a
pragmatic and reasoned approach considering the
facts and circumstances of the case.
11. In view of the foregoing discussion, we deem it
appropriate to issue the following directions: -
A. All the recommendations contained in the report
of the Central Empowered Committee, quoted
supra , are hereby accepted.
B. The concerned authorities are directed to take
necessary steps for the relocation of the deer
from A.N. Jha Deer Park in a time-bound
manner, under the supervision of the Central
Empowered Committee, and in strict adherence
to the draft guidelines on Animal Translocation
as framed by the Central Empowered
Committee.
C. It is directed that retention of up to 38 deer at
A.N. Jha Deer Park as recommended by the
Central Empowered Committee shall be
permissible only subject to the grant of requisite
18
approvals and clearances by the Central Zoo
Authority. The DDA shall ensure that it develops
and upgrades the necessary logistical capacity,
infrastructure, and adequately trained human
resources for the upkeep and management of the
said deer population. The DDA shall ensure that
the retained population has an optimal sex ratio
of 15 males to 23 females. Such retention shall
be effected only upon and in accordance with the
permissions granted by the Central Zoo
Authority. In case, the DDA is unable to attain
these mandatory compliances, appropriate
application may be moved in this Court for
clarification/further directions.
D. The concerned authorities shall take all
necessary and proactive steps to comply with the
other recommendations made by the Central
Empowered Committee.
E. In view of the fact that the area comprising the
A.N. Jha Deer Park, Hauz Khas, New Delhi
stands declared as a protected forest, it is hereby
directed that, under no circumstances, shall the
nature or status of the said area be altered, and
19
the same shall continue to be maintained as a
protected forest at all times in the future.
F. The draft comprehensive guidelines prepared by
the Central Empowered Committee for future
wildlife translocations, incorporating scientific
methodology, identification and tagging
protocols, procedural safeguards, transportation
and veterinary requirements, ecological
feasibility assessment, and a post-release
monitoring framework in conformity with the
applicable statutory regime and IUCN
Guidelines, shall be examined by the Ministry of
Environment, Forest and Climate Change and
implemented, with such modifications as may be
deemed appropriate, within a period of six
months. These guidelines deserve to be, and
shall be, imparted statutory status. A
compliance report shall be submitted to this
Court in respect of this direction.
G. The Registry is directed to forthwith transmit a
copy of this order, along with the report of the
Central Empowered Committee, to the Ministry
of Environment, Forest and Climate Change for
necessary compliance.
20
12. With the aforesaid observations and directions,
the instant special leave petitions are closed.
th
13. The matter shall be listed on 19 January, 2027
for receiving the compliance report concerning the
directions issued in paragraph 11(F) supra .
….……………………J.
(VIKRAM NATH)
...…………………….J.
(SANDEEP MEHTA)
NEW DELHI;
APRIL 27, 2026.
21