28 Feb 2024 1:13 PM GMT
The interim order passed by a bench led by the Chief Justice of India restricting the establishment of zoos/safaris within forest areas will operate only till the final judgment on the very same issue is pronounced by another coordinate bench.
It was on February 19 that a 3-judge bench led by CJI Chandrachud passed the interim order in a batch of writ petitions challenging the Forest Conservation (Amendment) Act 2023. However, another bench led by Justice BR Gavai had reserved orders on the very same issue of zoos within forests while hearing the TN Godavarman Thirumalpad batch case.
Last week, Justice Gavai, after referring to the interim order passed by the CJI-led bench, had expressed concerns about the possibility of conflicting orders and asked the Union Government's law officer if the CJI's bench was not apprised of the matter heard by his bench. Additional Solicitor General replied that the order passed by the CJI-led bench was only interim in nature and that the bench was informed about the matter before Justice Gavai's bench also.
The interim order passed by the CJI-led bench, which was released today, specifically clarifies that it will be in operation only till the judgment is pronounced by the coordinate bench.
"25. Our attention is drawn to the fact that a co-ordinate Bench of this Court presided over by Hon'ble Mr Justice B R Gavai has reserved orders on the subject. Specifically, with reference to clause (6) above, we issue an interim order to the effect that any proposal for the establishment of zoos and safaris referred to in the Wile Life Protection Act 1972, enacted by the Government or any authority in forest areas other than protected areas, shall not be finally approved by the States/Union Territories, save and except with the prior permission of this Court. Where any such proposal is sought to be implemented, this Court shall be moved by the Union Government or, as the case may be, the competent authority for the prior approval of this Court. This part of the interim direction will hold the field only till the final judgment of the co-ordinate Bench. Necessarily therefore the judgment of the co-ordinate Bench shall govern the arena, once it is pronounced."
The interim order directed that "any proposal for the establishment of zoo/safaris referred to in the Wildlife Protection Act 1972 owned by Govt or any authority in forest areas other than protected areas shall not be finally approved save and except with the prior permission of this Court."
The interim order also directed that States and Union Territories must comply with the definition of "forest" in the 1996 judgment in T.N Godavarman Thirumalpad v. Union of India during the identification process as per the 2023 amendment to the Forest (Conservation) Act.
The bench led by Justice Gavai had earlier expressed prima facie disapproval of the practice of setting up zoos in Tiger safaris. In February 2023, the bench restrained authorities from making any constructions within the core areas of national parks, wildlife sanctuaries, and tiger reserves. The interim order highlighted the need for the National Tiger Conservation Authority (NTCA) to provide an explanation regarding the rationale behind permitting safaris within these protected areas.
"Prima facie, we do not appreciate the necessity of having a zoo inside the tiger reserves or national parks. The concept of protecting these is to permit animals to reside in their natural environs and not artificial environs. We, therefore, also call upon the National Tiger Conservation Authority (NTCA) to explain the rationale behind permitting such safaris within tiger reserves and national parks. Until further orders, the authorities are restrained from making any constructions within the core areas of national parks, wildlife sanctuaries, and tiger reserves."
The 'TN Godavarman' matter, which has been a longstanding forest protection case, continues to be handled by the bench led by Justice Gavai. The final judgment is awaited to determine the course of action in the realm of forest conservation and wildlife protection.
Case Details : Ashok Kumar Sharma IFS (Retd) & Ors. v. Union of India & Ors. | Writ Petition (Civil) No. 1164 of 2023
Citation : 2024 LiveLaw (SC) 170