Delhi High Court - Orders
Gauri Maulekhi vs The Union Of India And Ors on 8 January, 2025
Author: Vibhu Bakhru
Bench: Tushar Rao Gedela, Vibhu Bakhru
$~35 & 36
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 5764/2018 & CM APPL. 38227/2018
GAURI MAULEKHI .....Petitioner
Through: Ms. Supriya Juneja, AOR with Ms.
Esha Dutta, Ms. Shaalini Agrawal,
and Mr. Siddharth Pandey along with
Petitioner.
versus
THE UNION OF INDIA AND ORS .....Respondents
Through: Mr. Vinay Yadav, SPC with Mr.
Abhinav M. Goel and Mr. Ansh
Kalra, Advocates for R-1.
(36)
+ W.P.(C) 6204/2018 & CM APPL. 23931/2018
AJAY DUBEY .....Petitioner
Through: Mr. Pallav Mongia and Mr. Anubhav
Mishra, Advocates.
versus
UNION OF INDIA AND ORS. .....Respondents
Through: Mr. Vinay Yadav, SPC with Mr.
Abhinav M. Goel and Mr. Ansh
Kalra, Advocates for R-1.
Mr. Vineet Dhanda, CGSC with Ms.
Akansha Choudhary and Ms. Shweta
Shandilya, Advocates for R-3.
This is a digitally signed order.
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The Order is downloaded from the DHC Server on 31/01/2025 at 21:41:45
CORAM:
HON'BLE THE ACTING CHIEF JUSTICE
HON'BLE MR. JUSTICE TUSHAR RAO GEDELA
ORDER
% 08.01.2025
1. Learned counsel for the petitioner has drawn the attention of this court to the general recommendations made for improvement and management of NZP as a part of the enquiry report. The said recommendations are reproduced below:
"B General Recommendations for Improvement of Management of NZP:
During the course of enquiry into the wide range of allegations regarding management of the NZP the committee has looked into various aspects of the management of National Zoological Park and the factors affecting them and recommends as below.
1. Establishment of an Independent Quarantine Facility/Rescue Center:
a. The National Zoological Park (NZP) Delhi, is the only Government facility in Delhi for housing the rescued/seized or captured wild animals from Delhi and adjoining districts of UP and Haryana. Therefore, it has always been under tremendous pressure to receive the rescued/seized or captured animals either from the various wild life law enforcing agencies like Delhi State Forest Department, Forest departments in adjoining districts of neighboring states, Wildlife Crime Control Bureau, civic bodies in Delhi handling the VVIP areas of the capitals and various non-governmental organizations dealing with wildlife crime. The NZP, being only government wild animal housing facility in Delhi is preferred choice for housing the wild animals are the case properties in various cases.
b. As per National Zoo Policy, 1998 and Recognition of Zoo Rules 2009 every medium and large Zoo shall have a quarantine and isolation ward. This facility in Delhi zoo is relatively smaller considering the large number of rescued/seized/captured animals being received by it.
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 31/01/2025 at 21:41:45 This problem has been pointed out time to time by various incumbent directors of NZP. This is the major cause of management problems in Delhi Zoo.
c. Therefore, it is recommended that an Independent Quarantine and Isolation Facility/ Rescue centre is created, adjoining the Zoo campus with veterinary and associated staff exclusively dedicated to this facility but under management control of Director NZP.
2. Compliance of Recognition of Zoo rules, 2009: To handle the rescued/seized animals, provisions of Schedule (3) of the Guidelines for facilitating effective and scientific management of Zoos made under the Rule-10, of Recognition of Zoo rules, 2009 should be strictly followed.
3. Expert Committee for review of SOPs and-Protocols: Major issues which has surfaced during the course of enquiry are the poor understanding about the procedures for general health care management, veterinary care and management and recording and reporting procedure for cold blooded burrowing animals. Therefore, a team of Zoo experts including, the members for Zoo Advisory, committee should be constituted by the MoEF&CC after consultation CZA to review the various procedures adopted by the Zoo and evolve Standard Operating Procedures in accordance with Zoo Policy 1998 and Recognition of Zoo Rules 2009 for:
a. General health care management.
b. Veterinary care management.
c. Recording and Reporting of the information about cold blooded burrowing animals.
d. Quarantine.
e. Inclusion of the Rescued/seized/newly born in the Annual Inventory Report.
4. Zoo Inventory committee: Should be constituted under control of Zoo Director comprising of concerned zoo staff and the members of Zoo Advisory committee for annual counting of the zoo animals before submission Annual Inventory Report to CZA.
5. Consortium of Zoos & Rescue Center: Unlike the big States where single authority viz. State Forest Department or State Zoo Authorities are managing many zoos in different parts of the state the MoEF&CC is This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 31/01/2025 at 21:41:46 having only one zoo i.e. NZP under its control with dedicated staff. The static nature of Zoo management staff of Delhi zoo not only restrict them from getting any opportunity to learn best practices in zoo management in different conditions but also may bring complacency in their functioning.
Therefore, MoEF&CC, if required in consultation with CZA should create a Consortium of Zoos involving NZP and some of the Zoos of neighboring States viz. Rajasthan, Punjab, Haryana, U.P. and Uttarakhand including Animal rescue centers managed by other then Government Organizations with a provision of exchange of staff and officers so as to infuse new ideas, inputs and trainings in the management of the zoo.
6. Shifting of Administrative Control of NZP: The MoEF&CC while on the one hand is acting as operator of National Zoological Park on the other hand it is a regulatory authority for CZA, who is national authority for regulating all the zoos of the country including NZP, New Delhi. This duality in role may lead to ambiguity in jurisdiction over management of NZP. Therefore, MoEF&CC may consider shifting the Administrative control of the NZP to Central Zoo Authority so that a single line of control can be establish among NZP, CZA and MoEF&CC or may constitute a Governing Body by formation of a society registered under the Society Registration Act under the control of MoEF&CC/CZA.
7. Policy/ SOP for Free Ranging Animals within Zoo Campus: The committee is of the opinion that zoos are established with primary objective of Ex-situ conservation of wild animals and education. Therefore, zoo management should have primary responsibility for management of zoo inmates rather than for free ranging animals within the zoo campus. However, interference of the free ranging animals in the management of main animal collection is established fact now. Death of birds and animals of main animal collection by the bite of free ranging reptiles, as is evident from various examples in the NZP, is one of the major management issues in medium and large zoos. Therefore, the Central Zoo Authority should evolve a clear policy /Standard Operating Procedure for handling the free ranging animals within zoo campus so that free ranging animals are handled in prescribed and transparent manner-and such actions of the zoo management are not questioned unnecessarily.
This is a digitally signed order.
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8. Mandatory Annual Inspection by Director NZP: Zoo should evolve a mechanism of annual-mandatory formal inspection of the zoo by the Director NZP on the line of zoo evaluation by CZA so as to rectify mistakes being committed in management of Zoo. An Internal Evaluation Report should be placed before The Zoo Advisory committee for review and corrective action.
9. Mandatory Review of Action Taken on Suggestion of Health Advisory Committee: Meeting of Wildlife Health Advisory Committee constituting experts in Wildlife health management should be regular and the action taken report on this should be discussed in Zoo Advisory committee at least once in a year for ensuring action the suggestions.
10. Prompt filling up of the Existing Vacancies: Although the man power, required in the NZP has been met by engaging DPLs against the vacant post of Animal Keeper and Assistant Animal Keeper. Yet it is recommended to fill up the vacant posts.
11. Standard Operating Procedure for procurement of Anesthetic Drugs: The National Zoological Park should also adhere to the SOPs as annexed at Appendi-1 to General Recommendations while procuring anesthetic drug for Zoo hospital.
12. The CZA should issue a clear cut direction for preparation and maintenance of details of mortality of animals viz. keepers report, mortality report and quarterly/annual inventory report.
13. NZP should collaborate WII, IVRI and other expert institutions for cooperation between them with focus on i) assistance in veterinary care of zoo animals ii) Handling of epidemics iii) assistance in major surgeries and advance treatment iv) disease diagnosis.
14. There should be proper provisions/ guidelines for new entrant in the Zoos to learn on the job management practices etc.
15. Detailed Guidelines for veterinary upkeep may be referred as at Annexure 51."
2. The respondent shall furnish a status report as to the state of This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 31/01/2025 at 21:41:46 implementation of these recommendations before the next date of hearing.
3. List on 02.04.2025.
VIBHU BAKHRU, ACJ TUSHAR RAO GEDELA, J JANUARY 08, 2025 Yrj/Aj Click here to check corrigendum, if any This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 31/01/2025 at 21:41:46