overcrowding - The Legal Chamber

The Supreme Court found prima facie violations of the Wild Life (Protection) Act, 1972, CZA norms, and IUCN translocation guidelines. It directed the Central Empowered Committee to conduct an independent scientific assessment of carrying capacity, post-release survival, and regulatory compliance. The Court prohibited further translocation pending expert evaluation, emphasizing constitutional duties under Articles 48A, 51A(g), and 21. Facts Of The Case: The A.N. Jha Deer Park, established in 1968 by the Delhi Development Authority in Hauz Khas, New Delhi, operated as a captive zoo facility under a license issued by the Central Zoo Authority under the Wild Life (Protection) Act, 1972. Despite repeated extensions and warnings, evaluation reports from 2014 to 2022 revealed persistent non-com...

In this judgment, the Supreme Court clarified the burden of proof in railway accident compensation claims under Section 124-A of the Railways Act, 1989. The Court held that the initial burden on claimants can be discharged by affidavit and verified ticket records, shifting the onus to the Railways. Mere absence of a ticket or seizure memo does not defeat a legitimate claim, as the statutory regime is a welfare-oriented, no-fault liability system based on preponderance of probabilities. Facts Of The Case: The case arose from the death of Sanjesh Kumar Yagnik on 19 May 2017. He was allegedly travelling from Indore to Ujjain by the Ranthambore Express (Train No. 12465) when, due to overcrowding, he was pushed from the moving train near Ujjain, sustaining fatal head injuries. The police regi...

Tag: overcrowding

Conservation or Cruelty? Supreme Court Steps In to Save Delhi’s Deer From Faulty Relocation Plan