'Should Country Remain Standstill'?: Supreme Court Approved UP Govt's Night Safari & Zoo Project In Kukrail Reserve Forest

The Supreme Court today approved the Uttar Pradesh government's night safari and zoological park project in the Kukrail Reserve Forest.

Slamming opposition to the same, Chief Justice of India Surya Kant questioned whether the country should remain standstill, even as zoos have turned "outdated".

A bench of CJI Kant, Justice Joymalya Bagchi and Justice V Mohana was dealing with the UP government's application seeking approval for its ambitious project. The State informed that the Court had called for a report from the Centrally Empowered Committee, which accorded approval for some aspects of the project and denied permission for others. Accordingly, the Court ordered,

"In view of the fact that the Central Zoo Authority, Ministry of Environment and Forest, as well as the CEC have approved/recommended approval for the establishment of the night safari and zoological park in Kukrail forest area, we see no reason for not according the prior approval to the State of UP for establishment thereof in terms of our order dated 19.02.2024. Consequently, the application is allowed. The State of UP is permitted to proceed with the project, subject to the conditions imposed by the CEC as well as the Central Zoo Authority or the MoEFCC."

To ensure that the CEC's conditions are meticulously complied with, the Court further directed the CEC, through its Member Secretary, to periodically visit the project and ensure that all conditions are complied with.

"Any deviation or breach of the conditions will be viewed seriously", it warned. As per the order, the State of UP shall also obtain other prior permissions, if so required, under any other law from the Union of India.

Also, the parties or any public-spirited person can give suggestions that may be required while executing the subject project to the CEC, which shall consider them objectively and make suitable recommendations wherever required.

During the hearing, ASG KM Nataraj, for the state, informed the that the Night Safari project is a very ambitious project of the state - first of its kind in India and 3rd/4th in the world.

Senior Advocate Shadan Farasat, for some intervenors, contended that he was not opposing the CEC approval. However, some clarity was required as to whether an amusement park, which was part of the state's original proposal, had been approved or not. On this, CJI Kant said that the CEC can be asked to monitor the project and it knows all too well what has been approved.

Counsel for the original petitioners opposed the project, contending that night safari was sought to be implemented in a "reserved forest area" for "tourism". Hearing her, CJI asked, "so what is the problem? This entire country should remain standstill?"

When the counsel said that a zoo is already there, the CJI replied, "zoos are now outdated". He emphasized that domain experts, who are members of the CEC, have thoroughly examined the issues and approved the project, which can further be continued to be monitored to ensure compliance with conditions.

Ultimately, considering the CEC report and the state's stance that it was willing to fully abide by the CEC conditions/recommendations, the bench approved the night safari and zoological park project.

Case Title: Ashok Kumar Sharma, Indian Forest Service (Retd.) & Ors. v. Union of India, WP(C) No.1164/2023