Introduction:
In the case of Ashok Kumar Sharma IFS (Retd) & Ors. v. Union of India & Ors., the Supreme Court, led by Chief Justice Chandrachud, passed an interim order restricting the establishment of zoos/safaris within forest areas, pending a final judgment by another coordinate bench. The case revolves around challenges to the Forest Conservation (Amendment) Act 2023 and concerns regarding the establishment of zoos and safaris in forest areas.
Arguments:
The petitioners argued against the establishment of zoos and safaris within forest areas, citing concerns about disrupting natural habitats and endangering wildlife. They also raised issues regarding the definition of “forest” and compliance with previous judgments on forest conservation.
The respondents, represented by the Union Government’s law officer, contended that the interim order was only temporary and informed the court about another bench’s pending judgment on the same issue. They emphasized the need for coordination between benches to avoid conflicting orders.
Court’s Judgment:
The interim order passed by the CJI-led bench prohibits the final approval of proposals for zoos and safaris in forest areas without prior permission from the court. It also directs compliance with the definition of “forest” as per previous judgments. However, the order is temporary and will be in effect until the final judgment is pronounced by the coordinate bench led by Justice Gavai.