Supreme Court of India· 27 April 2026
Can guidelines framed by the Central Empowered Committee for future wildlife translocations be given statutory status, and may the status of an area declared a protected forest be altered?
NEW DELHI NATURE SOCIETY THROUGH VERHAEN KHANNA v. DIRECTOR HORTICULTURE DDA & ORS
2026 INSC 419
Coram: Vikram Nath; Sandeep Mehta
Answer
The draft comprehensive guidelines prepared for future wildlife translocations shall be examined by the Ministry of Environment, Forest and Climate Change and implemented, with such modifications as may be deemed appropriate, within six months; these guidelines deserve to be, and shall be, imparted statutory status. Since the area comprising the deer park stands declared a protected forest, under no circumstances shall the nature or status of the said area be altered.
Headnote
Wild Life (Protection) Act, 1972 — s.38H(6) — Central Zoo Authority — Cancellation of recognition as “mini zoo” — Carrying capacity — Translocation of captive spotted deer — Central Empowered Committee — Protected forest —
Wild Life (Protection) Act, 1972 — s.38H(6) — Retention of captive deer after recognition cancelled —
Held: Once recognition of a facility as a “mini zoo” stands cancelled under Section 38H(6), continued retention of the deer there is impermissible in law, there being no duly recognised statutory authority to ensure their proper management. (¶5)
Wild Life (Protection) Act, 1972 — Confinement of wildlife — enclosure lacking carrying capacity —
Held further: Deer, being a wildlife species, ought not to be confined to cages or restrictive enclosures save in exceptional and compelling circumstances. Where the park does not possess the requisite carrying capacity, continuance of the existing arrangement does not commend acceptance. (¶9)
Wild Life (Protection) Act, 1972 — Translocation — soft release and habitat acclimatisation —
Held further: Abrupt relocation of deer confined to a controlled habitat is unduly harsh and not in consonance with established principles; translocation demands a scientifically informed mechanism with due regard to habitat acclimatisation and animal welfare. (¶7)
Wild Life (Protection) Act, 1972 — Protected forest — statutory status for translocation guidelines —
Held further: The nature or status of an area declared a protected forest shall not be altered, and the guidelines framed for future wildlife translocations shall be imparted statutory status. Special leave petitions closed. (¶11, 12)
In the Court's own words
Paragraph 11In 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 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 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.
Acts & Sections
s.38H(6) Wild Life (Protection) Act, 1972One judgment a day. That's the whole habit.
Read the full text of NEW DELHI NATURE SOCIETY THROUGH VERHAEN KHANNA v. DIRECTOR HORTICULTURE DDA & ORS — and get the Supreme Court's output as a five-minute daily read, with plain-language headnotes and the questions each judgment settles.
Create my free accountFree forever plan · 30 seconds · data stays in India
Open the full judgment →