Bombay High Court: In a petition filed by the petitioner regarding a dispute related to the designated feeding areas for the dogs and providing drinking water to the dogs, a Division Bench of G S Kulkarni and R N Laddha JJ., directed RNA Royale Park Co-operative Housing Society (‘Society’) (respondent) to entertain complaints from the petitioner and other members of the society in this regard, so that appropriate action can be taken against such Security Guards who are indulging in such actions.
Mr. Abodh Aras, Chief Executive Officer of the organization “The Welfare of Stray Dogs” was appointed to bring about the resolution of the issues raised in the present proceedings. As per his visit to the society and a report submitted, feeding areas must be reconsidered. In one of such feeding areas, a dog who has grown old and is not in the proper state of health is unable to move due to his health condition.
On the issue of availability of drinking water for dogs, the Court noted that it is the obligation of the residents of the society to always make provision for adequate water to be made available to the animals more particularly considering the onset of the summer season.
About the Security Guards causing any scare/threat to the animals by using sticks is concerned, the Court opined that such coercive methods would certainly amount to an act of cruelty to the animals. Such methods being used by the Security Guards, or any other persons would aggravate the behavior of the animals, apart from inflicting cruelty to the animals.
The Court directed the Society to entertain complaints from the petitioner and other members of the society regarding welfare of stray dogs, so that appropriate action can be taken against such Security Guards who are indulging in such actions.
[Paromita Puthran v Municipal Corporation of Greater Mumbai, 2023 SCC OnLine Bom 928, decided on 24-04-2023]
Advocates who appeared in this case :
Mr. Nishad Nevgi with Ms. Anjali Malekar i/b. Ms. Samaa Shah for Petitioner in WP No. 702/23 and for Respondent No.12 in WP No. 148/23. Mr. Rahul Sarda with Ms. Nidhi Doliya for Petitioner in WP No. 148/23 and for Respondent Nos.15 to 17 in WP No. 702/23. Mr. Kunal Waghmare for MCGM. Mr. Manish Upadhye, AGP for Respondent Nos. 8, 10 to 14, State.