Gauhati High Court
Prachurjya Borboruah vs The Principal Chief Conservator Of ... on 9 March, 2026
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GAHC010047252025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : PIL/17/2025
PRACHURJYA BORBORUAH
SON OF SRI BIJON BORBORUAH R.O- HOUSE NO. 308, BELTOLA BASISTHA
ROAD, BELTOLA, GUWAHATI - 781028 P.O- BELTOLA, P.S - HATIGAON
DISTRICT- KAMRUP (M), ASSAM
VERSUS
1.THE PRINCIPAL CHIEF CONSERVATOR OF FOREST AND HEAD OF
FOREST FORCE AND 8 ORS.
ENVIRONMENT AND FOREST DEPARTMENT, GOVERNMENT OF ASSAM,
ARANYA BHAWAN, PANJABARI, GUWAHATI, KAMRUP (M), PIN- 781037
2:THE DIVISIONAL FOREST OFFICER
ASSAM STATE ZOO DIVISION
ASSAM STATE ZOO CUM BOTANICAL GARDEN
ZOO ROAD JAPORIGOG GUWAHATI
ASSAM - 781005.
3:THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS
DEPARTMENT OF ENVIRONMENT FORESTS AND CLIMATE CHANGE
GOVERNMENT OF NAGALAND KOHIMA NAGALAND 797001.
4:THE DIRECTOR
NAGALAND ZOOLOGICAL PARK
RANGAPAHAR DIMAPUR NAGALAND 797112.
5:THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS
DEPARTMENT OF ENVIRONMENT
FORESTS AND CLIMATE CHANGE
GOVERNMENT OF ARUNACHAL PRADESH
ITANAGAR ARUNACHAL PRADESH - 791111.
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6:THE DIRECTOR
ITANAGAR BIOLOGICAL PARK
ITANAGAR ARUNACHAL PRADESH - 791113.
7:THE PRINCIPAL SECRETARY
ENVIRONMENT AND FOREST DEPARTMENT
GOVT. OF ASSAM DISPUR ASSAM SECRETARIAT
GUWAHATI ASSAM-781006.
8:THE PRINCIPAL SECRETARY
DEPARTMENT OF ENVIRONMENT FOREST AND CLIMATE CHANGE
GOVT. OF NAGALAND NEW SECRETARIAT COMPLEX
KOHIMA NAGALAND-797004.
9:THE PRINCIPAL SECRETARY
DEPARTMENT OF ENVIRONMENT FOREST AND CLIMATE CHANGE
GOVT. OF ARUNACHAL PRADESH CIVIL SECRETARIAT ITANAGAR
ARUNACHAL PRADESH-791111
For the Petitioner(s) : Mr. P. Borboruah, petitioner-in-person.
For the Respondent(s) : Mr. D. Gogoi, Standing Counsel, Forest Department.
: Ms. M. Kechii, Additional Advocate General, Nagaland. : Mr. M.R. Adhikari, Additional Senior Government Advocate, Arunachal Pradesh.
-B E F O R E -
HON'BLE THE CHIEF JUSTICE MR. ASHUTOSH KUMAR HON'BLE MR. JUSTICE ARUN DEV CHOUDHURY 09.03.2026 (Ashutosh Kumar, CJ) We have heard Mr. P. Borboruah, petitioner-in-person; Mr. D. Gogoi, learned Standing Counsel, Forest Department; Ms. M. Kechii, Additional Advocate General, Nagaland and Mr. M.R. Adhikari, learned Additional Senior Government Advocate, Arunachal Pradesh for the respondents.
Page No.# 3/4 This Public Interest Litigation (PIL) has been filed for the benefit of all the animals, birds and various living creatures held captive in the zoos maintained by the respondents as they are incapable of approaching the courts themselves.
A specific prayer has been made in this PIL for issuing directions for strict compliance on every parameter of the Guidelines on Minimum Dimensions of Enclosures for Housing Exotic Animals of Different Species, issued by the Central Zoo Authority under the recognition of Zoo Rules, 2009 in letter and spirit within a fixed timeframe.
The response affidavit of respondent No.2/the Divisional Forest Officer, Assam State Zoo- cum-Botanical Garden, indicates that a decision has been taken at the Governmental level for an overhaul of the zoos located in the State of Assam. A work order has been issued by the Office of the Chief Engineer, Public Works Department (Building) for modernization of Assam State Zoo-cum-Botanical Garden, valued at Rs.345,67,50,000/- only, which is expected to be completed by 29.11.2026.
Mr. Gogoi has informed this Court that the project in question is aimed at modernizing and improving the overall infrastructure for animals, staff as well as visitors of Assam State Zoo-cum-Botanical Garden. In the said project, the specifications of the enclosures are also being subjected to a major overhaul, keeping in view the Guidelines on Minimum Dimensions of Enclosures for Housing Exotic Animals of Different Species issued by the Central Zoo Authority under the recognition of Zoo Rules, 2009.
Page No.# 4/4 With respect to the housing of exotic animals in crammed spaces, the affidavit under our perusal indicates that the Assam State Zoo-cum-Botanical Garden serves as a rescue and rehabilitation centre for wild animals in distress, especially the exotic animals rescued from smuggling attempts by illegal traders of international markets, caught in Anti- Smuggling operations. These exotic animals are kept in rescue chambers for their ultimate rehabilitation or permanent shelter.
An assurance has been given to this Court that in the general overhaul of the zoo, all efforts shall be taken to even upgrade and align such rescued species housing with the Guidelines and Rules on Minimum Dimensions of Enclosures for Housing Exotic Animals of Different Species.
With this assurance, this Court is satisfied that the issue raised by the petitioner-in-person has been taken care of. However, before closing this PIL petition, we do observe that in case the petitioner finds from the drawings/structural design or any other material(s) that such Guidelines are not being adhered to, it will be open for the petitioner to revive this petition by filing a two pages affidavit, in which situation, this PIL shall be revived.
For the present, this PIL stands closed.
JUDGE CHIEF JUSTICE Comparing Assistant