Court Directs Formation of Animal Welfare Committee to Resolve Dispute Over Stray Dog Feeding. Municipal Corporation of Greater Mumbai (MCGM) to Address Safety Concerns and Implement Animal Birth Control Rules Within 30 Days
Summary of Judgement
The Petitioner, a society, contends that the 5th Respondent is feeding stray dogs beyond designated times and locations, causing aggression in dogs and safety issues for residents. The 5th Respondent refers to an existing court order and has no objection to its implementation. The court refers to the Animal Birth Control Rules 2023, particularly Rule 20, which outlines responsibilities for feeding community animals and resolving conflicts through an Animal Welfare Committee. The court directs the Municipal Corporation of Greater Mumbai (MCGM) to form such a committee to address the dispute within 15 days and resolve the complaints within another 15 days, ensuring all parties are heard.
1. Introduction
- Heard learned Counsel for the parties.
- Rule made returnable immediately with consent.
2. Dispute Overview
- Petitioner’s society vs. 5th Respondent over feeding stray dogs.
- Petitioner’s concerns about safety due to aggressive dogs.
3. 5th Respondent’s Position
- Refers to existing court order from April 2023.
- No objection to implementing the order.
4. Legal Framework
- Reference to Animal Birth Control Rules 2023.
- Rule 20 focuses on feeding community animals.
5. Responsibilities Under Rule 20
- Designation of feeding spots and times.
- Ensuring no littering and aiding the Animal Birth Control Program.
6. Conflict Resolution Mechanism
- Formation of an Animal Welfare Committee in case of disputes.
7. Formation of Committee
- Necessity of forming the committee to resolve the current dispute.
- The BMC to constitute the committee within 15 days.
8. Committee's Role
- To address complaints from both parties.
- To dispose of complaints within 15 days of formation.
9. Directions to the BMC
- Immediate forwarding of the order to BMC.
- Ensuring no delay in constituting the committee.
10. Conclusion
- Petition disposed of with the above directions.
- No order for costs.
- Action to be taken on an authenticated copy of this order.
Case Title: RNA Royal Park Co-operative Housing Society Ltd Versus Municipal Corporation of Greater Mumbai & Ors
Citation: 2024 LawText (BOM) (8) 25
Case Number: WRIT PETITION NO. 3626 OF 2024
Advocate(s): Mr Rahul Sarda, with Rahul, Avdhoot Prabhu & Dhrumil C Shah, i/b Lex Services, for the Petitioner. Mr Gauraj Shah, i/b Samaa Shah, for Respondent No. 5. Ms S Tondwalkar, for the Respondent-BMC.
Date of Decision: 2024-08-02