Delhi High Court Orders Status Quo On Translocation Of Deer From Deer Park At Hauz Khas

The Delhi High Court on Wednesday ordered status quo on the translocation of deer from city's Deer Park at Hauz Khas, till further orders.

A division bench of Acting Chief Justice Manmohan and Justice Mini Pushkarna passed the order in a PIL moved by New Delhi Nature Society against translocation of about 600 animals, including deer, from the park to city's Asola Bhati Wildlife Sanctuary, without compliance of legal provisions and guidelines.

“Till further orders, status quo shall be maintained qua translocation of deer [from Deer Park],” the bench ordered while listing the matter for hearing next on January 15.

The petitioner society is aggrieved by the non-compliance of the conditions while granting approval to the decision of translocation of the deer in the ratio of 70% and 30%respectively.

As per the petition, the translocation of deer to Asola Sanctuary was sought due to increase in the population of Leopards to 18 and on the ground that there was a need to supplement the prey base there which at present is Jackals, monkeys, Neel Gai, Hyena, Black Buck etc.

The plea thus seeks a direction on the Delhi Development Authority (DDA) to ensure strict compliance of the relevant guidelines during translocation of the deer.

A direction is also sought to allow the animals, which cannot be translocated, in Deer Park area and not to close down the park.

The court sought DDA's response as to what are the precise shortcomings at the Deer Park, which is proposed to be closed down.

“DDA has so much of land, so much of green area. You can accommodate them [Deer]. They can be accompanied in our ridges,” the bench orally said.

The court also suggested that atleast 50 deer be maintained in the park and asked the counsel appearing for DDA to speak at the highest level on the said aspect.

“You speak to the highest level. Atleast maintain 50 [Deer] over there. Even today 50 is good enough. Atleast children can go and see some deer no in the South Delhi colonies,” the court said.

It further added: “If the DDA cannot maintain such a small place, then who else can maintain? It is such a larger organisation. If you can maintain a gold park, you can always maintain this. Do it….. If you maintain it at 50 capacity, we have no problem.”

The plea states that the approval for translocation of animals was subject to due compliance with the guidelines which, according to the petitioner Society, have been completely ignored by the authorities.

As per the Society, the said translocation is being done without exercising discretion regarding the health, age and physical conditions of the animals.

“That the intention to relocate all the animals from the Park is clearly in violation ofthe CZA and the IUCN guidelines compliance of which is a precondition for relocation of the animals. According to the said guidelines translocation of pregnant females or ones which are newly bred, Deer with Antlers and for other reasons as specified therein, is prohibited. However, DDA has already begun to translocate the animals without having regard to the aforesaid guidelines,” the plea states.

Title: New Delhi NatureSociety v. Director Horticulture DDA & ORS.

Citation: 2023 LiveLaw (Del) 1236