Mumbai: The Bombay High Court has directed the Brihanmumbai Municipal Corporation (BMC) to form the Animal Welfare Committee within 15 days to resolve a man-dog conflict in a housing society in suburban Kandivali. The court noted that it would not be possible for it to go in rival claims and decide on issues of feeding of dogs and aggression of some animals, as it is the domain of the Animal Welfare Committee.
The court passed the order while heairng a petition by RNA Royal Park CHS seeking implementation of Animal Birth Control Rules 2023 (ABC Rules) which mandates formation of a committee by a local body for resolving such conflicts. It alleged that despite earlier orders, one of the members continued feeding stray dogs in the society premises and the dogs have become aggressive.
“It will not be possible for us to go in rival claims interalia on breach of feeding point, aggression by some animals. These are matters best considers by animal welfare commiteee as provided in Rule 20(2) of the Animal Birth Control Rules,” a bench of Justices MS Sonak and Kamal Khata said.
The society has been engaged in a bitter battle with one of the members Paromita Puthran who allegedly fed 18 community dogs inside the society premises. In an earlier petition, in April 2023, the HC had directed the society to amicably resolve issues with Purthan and designate a place for the same.
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The society once again approached the HC alleging that Puthran continues to feed dogs inside the society premises and hence there has been an increase in the number of the dogs. It claimed there were 15 dog bite cases involving children and senior citizens. The society’s advocate said that the Animal Welfare Committe, as mandated under the ABC Rules, was not formed.
However, Puthran’s advocate contended that the society was not allowing her to feed dogs. She alleged that despite earlier HC order, the society was not even designating a feeding spot inside the soceity premises. Also, the advocate said that animals show aggression only under certain circumstances.
The court, in its order noted, this is a a dispute between a society and some of its members on the issue of feeding of stray dogs within society premises. “The society contends that there is indiscriminate feeding as a result of which it is facing a serious problem from such stray dogs. The dogs have become aggressive and there are instances of biting and attacking senior citizens and children,” the bench noted.
The court said that constitution of Animal Welfare Committee was important which could look into these issues.
The court directed the BMC to form the Animal Welfare Committee “expeditiously”, within 15 days. “The Committee must consider visiting the society premises to ascertain position.. Committee must communicate decision to the parties within a week after arriving at such decision,” the bench said while disposing of the petition.
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