The Calcutta High Court on Monday put an interim stay on the sale of a portion of the Zoological Garden in Alipore.

The Division Bench of Justice Sujoy Pal and Justice Smita Das De ordered that no action related to the July 23 tender for the sale can be taken until further orders of the court.

The next hearing in the matter is scheduled after the Durga Puja.

The High Court was hearing a petition filed by SWAZON, a city-based voluntary organisation, against the sale of 3 acres of land of the Alipore Zoo for commercial use.

It also sought a probe into the alleged “overnight disappearance of over 300 animals” from the records of Alipore Zoological Garden, the country’s oldest zoo.

Arguing for the petitioners, Advocate Sabyasachi Chatterjee told the court that the Kolkata Municipal Corporation has sanctioned a plan for urbanisation of areas in and around the Alipore Zoo.

Calling the charge as “mere apprehension”, Advocate General Kishore Dutta, representing the state government, said: “The closure of the zoo is just an apprehension. No such document has been placed (by the petitioner). The land belonging to the zoo has been allowed for development. But the land does not directly belong to the zoo. It is the state’s land.”

The legal counsel for HIDCO, which has issued a tender for development, told the Bench that out of 77 hectares, only 1.117 hectares is being taken for development.

“Section 38 of the Wildlife Protection Act, 1972, does not regulate utilisation of the land. If 1.117 hectares of land is deducted from 77 hectares, it does not lower the land by a great extent. The state Cabinet sanctioned 166 kathas for commercial purpose. At this stage, putting a stay on the entire process would be somewhat premature,” the HIDCO’s counsel said.

Meanwhile, the Division Bench enquired if the veterinary hospital was being affected and whether the number of animals in the zoo dropped drastically, as claimed by the petitioners.

Additional Solicitor General Ashok Kumar Chakraborty, representing the Centre, told the court that the zoo works completely under the Central Government, and nothing could be done without the permission of the Government of India.

On the number of animals in the zoo, the ASG said it was a mandatory requirement to register an inventory for the animals.

Calling for an inquiry into it, the ASG, further said, “A register for inventory of animals is not being maintained. There has to be an inquiry. An inventory of animals has to be kept. It is a mandatory requirement.”

The zoo authorities, however, said the missing inventory was a typographical error. “Missing Inventory is just a typographical error. We are only the management authority, and not the owners.”