02 August 2024 Civil Suits >> Civil & Consumer Law  

In a recent ruling of RNA Royal Park Co-operative Housing Society Ltd v/s Municipal Corporation of Greater Mumbai & Others, a court addressed a conflict between a residential society and one of its members regarding the feeding of stray dogs within the premises. This dispute arose after the society raised concerns over the actions of the 5th Respondent, who allegedly fed stray dogs outside designated times and locations, leading to aggressive behavior among the animals. The society reported incidents of dog attacks, particularly affecting senior citizens and children, raising significant safety concerns.

Background of the Dispute:

The society’s counsel argued that the indiscriminate feeding by the 5th Respondent had created a troubling environment, with claims of aggressive dog behavior resulting in bites and attacks. In contrast, the 5th Respondent's counsel highlighted a previously established court order from April 24, 2023, which aimed to regulate the feeding of stray animals. This order, they contended, was being sought for implementation, and the 5th Respondent expressed no objection to adhering to it.

Legal Framework:

The court's decision referenced the Animal Birth Control Rules 2023, effective March 10, 2023. Rule 20 of these regulations outlines the responsibilities of Resident Welfare Associations (RWAs) concerning community animals. It emphasizes the need for designated feeding spots and times that avoid areas frequented by children and senior citizens. Additionally, it calls for organized efforts involving local authorities to manage conflicts arising between RWAs and animal caregivers.

Formation of the Animal Welfare Committee:

Recognizing the ongoing disputes, the court mandated the formation of an Animal Welfare Committee by the Brihanmumbai Municipal Corporation (BMC). This committee, consisting of various stakeholders, including veterinary representatives and local authority officials, is tasked with resolving issues related to animal feeding within the community.

The court stipulated that this committee must be constituted within 15 days and must address the grievances of both the society and the 5th Respondent within the following 15 days. This decision aims to ensure a balanced approach to managing community animals while addressing the concerns of residents.

Conclusion and Next Steps:

The court directed the Animal Welfare Committee to thoroughly investigate the complaints and responses from both parties, potentially visiting the society to assess the situation firsthand. A reasoned decision is to be communicated to the involved parties within a week, allowing for further appeals if necessary. The swift action mandated by the court underscores the importance of balancing community safety with compassionate care for stray animals. As the BMC is expected to act promptly, this ruling aims to foster a collaborative resolution to the ongoing conflict regarding stray dog feeding in residential areas.