FPJ Legal: Bombay HC appoints Amicus Curiae to resolve dispute over feeding dogs in Navi Mumbai society

FPJ Legal: Bombay HC appoints Amicus Curiae to resolve dispute over feeding dogs in Navi Mumbai society

Narsi BenwalUpdated: Thursday, December 30, 2021, 09:40 PM IST
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In a significant order, the Bombay High Court has appointed an amicus curiae (friend of court) to assist the court to resolve the dispute between a group of people from Navi Mumbai, seeking permission to feed stray dogs in their society premises and the other group of over 5,000 residents opposing the same.

The group of caregivers led by one Sharmila Sankar have petitioned the bench of Justices Shahrukh Kathawalla and Milind Jadhav, seeking directives to the authorities to construct permanent dog feeding stations and also to provide proper medical facilities to ailing street dogs.

The plea sought identification and confirmation of seven feeding stations for seven groups of dogs on an area of 50 acres. It also challenged the legality and validity of the circular issued by the authorities imposing Rs 5,000 as a fine for feeding dogs on the society premises.

The petition also sought directions to the Commissioner of Police, Navi Mumbai to monitor and maintain the law and order situation and after demarcation of seven feeding stations for the dogs in the said area to enable peaceful and continuous feeding of dogs.

A further directive was sought for constituting a Dog Monitoring Committee to take care of health, well-being including vaccination, sterilization and counting of the stray dogs in the premises. Even a directive to take appropriate, urgent and effective steps for spreading awareness such as issuing notice and directions to housing societies, housing complex for implementation of animal laws.

Further directives are sought for the Director General of Police (DGP) to issue appropriate circulars in its department, to adopt proactive approach towards the implementation of animal protection laws etc.

Having heard the contentions, the bench said, "The bitterness between the parties appears to be very intense, in view of one group of members wanting to feed the dogs inside the complex and the other group making a grievance that the same would create a nuisance for the 5000 residents residing in the complex."

"In our view, the matter needs to be resolved amicably between the concerned members and the residents. It is only if the matter is not so resolved, intervention of the Court will be required as per law," the bench observed, while appointing advocate Nausher Kohli, as Amicus Curiae to assist the Court in resolving and deciding the disputes between the parties.

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