Those who feed strays must ensure people’s safety: HC

A division bench of justice Gautam Patel and justice Neela Gokhale also told the petitioners that the civic body would not be responsible for maintaining such spots, and the former would have to bear their operation cost

The Bombay high court on Wednesday accepted the suggestion of the amicus curiae that it is the responsibility of those feeding stray dogs to ensure that people are not threatened by the animals and directed the Navi Mumbai Municipal Corporation (NMMC) to hand over the designated spots to the petitioners.

Mumbai, India - August 24, 2022: Volunteers of Wiggles and Rotaract District 3141 feed stray dogs as they kick start India's largest dog feeding drive in the city ahead of International Dog Day on Friday, at Vile Parle, in Mumbai, India, on Wednesday, August 24, 2022. (Photo by Vijay Bate/HT Photo) (HT PHOTO)

A division bench of justice Gautam Patel and justice Neela Gokhale also told the petitioners that the civic body would not be responsible for maintaining such spots, and the former would have to bear their operation cost.

Two women, both residents of Seawood Estates Limited (SEL), have moved the court challenging a recovery notice issued to them by the society for littering the building compound while feeding around 38 stray dogs.

Advocate Siddh Vidya, appearing for the petitioners, said that her clients were aggrieved by SEL’s decision to restrict them from utilising basic facilities till an amount of around ₹60 lakh was paid by them.

In the previous hearing, the bench had taken the suggestions of SEL’s advocates Abha Singh and Aditya Pratap that a separate spot outside the premises should be earmarked for feeding the strays and had asked the counsel for NMMC whether it was possible.

On Wednesday, the advocate for NMMC said it had identified two spots outside the housing society which the petitioners could use. He, however, said that the civic authority would not be responsible for operating or maintaining the spots and the petitioners would have to do that.

The court accepted the proposal and permitted the petitioners to form an NGO to maintain the spots and asked them to ensure that there was no threat to the people from the strays.

Senior advocate Zal Andhyarujina, who was asked to assist the court in the matter, informed the bench that as the topic of strays and feeding them had become a specialised subject it was necessary to ensure that the procedure was followed.

After hearing the submissions, the court directed NMMC to hand over the designated spots to the petitioners outside SEL and posted the hearing of the pleas for compliance on March 20.