All  India Mobile Zoo Owners and Animal Welfare Association v. Union of India AIR 2000 Delhi 449

The petitioner prayed the Court to issue a writ of mandamus directing the         Wild Life Warden under the Wild Life Protection Act 1972, for adequate         compensation of Rs. 15 to 20 lacs in the event of the closure of the zoo,  as order by the Warden under the Act. The Petitioner’s challenge for recognition of their Mobile Zoos under sec. 28(H) of the Wild Life Act. As they had failed, they were left with no other alternative but to surrender the animals before the Wild Life Warden for which they seek instruction from the Court for compensation.

The Court after hearing both the parties, held that the petitioners were entitled  to compensation as regards animals, the possession and holding of which was not illegal under the Act of 1972, but were surrendered tot he authorities. But as to the holding of animals which was illegal and expressly prohibited under the Act, no such compensation need to be paid, nor any ex gratia payment could be made, as the petitioners were holding the animals without the permission of the authorities.