New Delhi: A bench led by Chief Justice of India D Y Chandrachud has clarified that the interim order passed by it restricting the establishment of zoos/safaris within forest areas will operate only till the final judgment on the same issue is pronounced by another coordinate bench.
A three-judge bench headed by CJI said its attention is drawn to the fact that a coordinate bench of this court presided over by Justice B R Gavai has reserved orders on the subject.
The bench, also comprising justices J B Pardiwala and Manoj Misra, said: "We issue an interim order to the effect that any proposal for the establishment of zoos and safaris referred to in the Wild 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 coordinate Bench shall govern the arena, once it is pronounced”, said the CJI led bench. The CJI led bench had passed the order on February 19, however it was uploaded today on the apex court website.
On February 19, a bench led by CJI passed the interim order on 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 Thirumulpad case.
Justice Gavai, last week, after referring to the interim order passed by the bench led by CJI had expressed concerns about the possibility of conflicting orders. The bench asked the Centre’s counsel whether the bench led by CJI was informed regarding the matter heard by it? The Centre’s counsel had 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.
The apex court, in its interim order passed on February 19, said that by the amending statute, the coverage of the Act has been extended to two categories. The bench said, “The first category consists of lands which have been declared or identified as forests in accordance with the Indian Forest Act or any other law for the time being in force”.
“The second category consists of lands which have not been so declared or notified but which are recorded in government records as forests on or after 25 October 1980. The Explanation somewhat broadens the definition of the expression government records so as to include lands recorded either in the records of the Revenue or Forest departments of the States or Union Territories or any other authorities, local bodies, communities or council recognized by the State/Union Territories”, said the CJI’s bench in February 19 order.
