Only 38 deer to remain in Delhi's Hauz Khas park as Supreme Court permits relocation of rest

The Supreme Court on Monday held that only 38 deer can be retained at the AN Jha Deer Park in New Delhi's Hauz Khas and the remaining have to be relocated to suitable wildlife habitats in neighbouring States [New Delhi Nature Society Vs Director Horticulture]..A Bench of Justices Vikram Nath and Sandeep Mehta accepted the findings of the Central Empowered Committee (CEC) which concluded that the Hauz Khas deer park lacks the ecological capacity to sustain the existing deer population. The Court directed authorities to carry out the relocation exercise in a time-bound manner and strictly in accordance with scientific protocols and animal welfare standards..The dispute began before the Delhi High Court where a petition was filed challenging the proposed translocation of deer from Hauz Khas Deer Park in Hauz Khas. During the hearing, the Delhi Development Authority (DDA) filed an additional affidavit on July 18, 2024, stating that as a policy decision, only a limited number of deer, around two dozen, would be retained in the park, subject to renewal of its “mini zoo” recognition by the Central Zoo Authority (CZA). It said the remaining deer would be shifted to forest areas in neighbouring States due to space constraints and management concerns. Taking this affidavit on record, the High Court on July 19, 2024 permitted the translocation to proceed in accordance with applicable guidelines.The matter ultimately reached Supreme Court. .The Supreme Court relied on a report of the CEC. The report found that the park’s enclosure, spread over about 10.26 acres, can sustainably support only around 38 deer. It also noted that the population had grown significantly due to lack of control measures.Accepting these findings, the Court directed that the remaining deer be relocated in a phased manner. It said the process must follow scientific protocols and animal welfare standards.The Court allowed retention of 38 deer only if DDA secures approval from the Central Zoo Authority. DDA must also upgrade infrastructure, staffing and veterinary support. The retained deer population must maintain an optimal sex ratio of 15 males and 23 females."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," the Court further said..The Court also noted that the park’s recognition as a “mini zoo” had been cancelled due to non-compliance with statutory norms.It flagged concerns over earlier relocation efforts. The CEC found they were carried out in a harsh manner, without proper acclimatisation of the animals..Thus, besides translocation of deer, the Court directed DDA to upgrade infrastructure, staffing and management systems for the retained deer population at Hauz Khas.The park will continue as a protected forest and its status cannot be altered, the Court made it clear,Further, the Court directed the Union Environment Ministry to examine and formalise the CEC’s translocation guidelines within six months and give them statutory backing.A compliance report on these guidelines must be submitted to the Supreme Court.The matter will be listed again on January 19, 2027 to review compliance..The Petitioner was represented by advocates Rukhsana Choudhury, Amita Singh and Shumaila..The respondent was represented by Additional Solicitor General Aishwarya Bhati and advocate Gurmeet Singh Makker. .Other respondents were represented by Senior Advocate Ruchi Kohli with advocates Piyush Beriwal, Chitrangda Rastravara, Pratyush Srivastava and Rohan Gupta..[Read Judgment]