The Bombay high court (HC) directed the state forest department to respond to a writ petition filed by Pune residents who objected to the notice issued by the department in January 2021 whereby pet owners were refrained from taking pet dogs onto the city’s hills/tekdis. The petition has contended that the restraining notice issued under the Maharashtra Forest Rules, 2014, is ultra vires of the other enactments related to wildlife and prevention of cruelty to animals, hence should be quashed and set aside.
The petition which came up for hearing before the bench of justice S J Kathawalla and justice Milind Jadhav on March 15 was informed by advocates Kalyani Tulankar and Ajinkya Udane that the petitioners were pet parents, and each had two dogs. As the petitioners are residing in flats in Pune, they or their family members took the dogs for brisk walks on the tekdi behind ILS Law College regularly. However, on January 4, a notice issued by the forest department officers prohibited the entry of the dogs on the tekdi.
The petition averred that on inquiry the petitioners learnt that as the tekdi was home to peacocks, hares, snakes, birds and other animals, the notice had prohibited dogs as they can frighten or kill the wild animals. The petition states that the assumption was not valid as the pets were on a leash, hence they would not be able to frighten or kill the wild animals.
The petition also stated that as per the Indian Forest Act, 1927 and Wild Life (Protection) Act, 1972 the officers were not empowered to issue any prohibitory orders and as per and Prevention of Cruelty to Animals Act, 1960 such a prohibition would entail that they (petitioners) would be punishable for not exercising their pets. In such a scenario the prohibitory notice of January 2021 should be set aside and quashed and the petitioners and other pet owners should be allowed to take their pets to the tekdi for exercising their pets.
{{/usCountry}}The petition also stated that as per the Indian Forest Act, 1927 and Wild Life (Protection) Act, 1972 the officers were not empowered to issue any prohibitory orders and as per and Prevention of Cruelty to Animals Act, 1960 such a prohibition would entail that they (petitioners) would be punishable for not exercising their pets. In such a scenario the prohibitory notice of January 2021 should be set aside and quashed and the petitioners and other pet owners should be allowed to take their pets to the tekdi for exercising their pets.
{{/usCountry}}After hearing the submissions the bench directed that Pune Municipal Corporation should be added as a party to the petition and also directed the forest department represented by their officers in HC to file their response to the petition in a week and posted further hearing fo the petition on March 23.
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