Apex Court Stays Bombay HC's Direction To Municipal Corporation To Release Captured Stray Dogs Into Private Premises

The Supreme Court on May 15, 2023 stayed an order of the Bombay High Court which had directed the Pune Municipal Corporation (PMC) to reintroduce the captured dogs in their original surroundings. The High Court had further directed the Yerwada Police Station to assist the PMC and noted that the act of releasing these dogs has the force of law and had held that it is not open for the petitioner Housing Society to not abide by the Animal Birth Control (ABC) Rules, 2023.

The Bench of Justice J.K. Maheshwari and Justice M.M. Sundresh issued a notice returnable in six weeks and directed that "Until further orders, the operation of the impugned order shall remain stayed." The Appellant before the Supreme Court, the Housing Society, had contended that the Bombay High Court directed the PMC to forcibly release the stray dogs into the private premises of the Society.

In its SLP, the Society has submitted that the Bombay High Court passed the order relying on the Animal Birth Control (ABC) Rules, 2023 in a Writ Petition filed by an individual seeking direction to the PMC to release the violent dogs captured by them due to complaints of attacks onto the residents of the Society. The High Court had noted that the said Rules provide for protection, care, maintenance and welfare within societies and housing areas for stray dogs.

The Society has submitted that in view of the High Court's order, the Society will have to shelter stray dogs, including those dogs which are aggressive in nature and have attacked the residents in the past thereby putting their lives at risk. The Society further submits that the High Court passed the orders on the plea by a person who is not even a resident of the Society and had acted upon the information given by someone who was not even made the party to the proceedings.

The Society has also stated that the Petitioner before the Bombay High Court has no knowledge about the ground realities/problems faced by the members of the Society and that the High Court ought not to have entertained the matter based on hearsay knowledge of facts by a person who is completely stranger to the cause.

The Society has further contended that the ABC Rules, 2023 were notified during the pendency of the Writ Petition. It has contended that the Rules introduced the new concept of 'Resident Welfare Association' or 'Apartment Owner Association', while the said terms are neither defined under the Prevention of Cruelty to Animals Act, 1960 or in the Rules and that the Petitioner housing Society would by no stretch of imagination fall under the definition of 'Resident Welfare Association' or 'Apartment Owner Association'.

The Society has contended that it is governed by the by-laws and the resolutions passed in the Managing Committee, unlike an apartment where every member has an independent voice. "Hon'ble High Court has not all gone into the said issues and has mechanically directed the Respondent No.2 PMC to release the stray dogs" reads the SLP.

The SLP further reads that "The impugned order is an encroachment upon the autonomy and powers of self-governance enjoyed by private entities like Cooperative Housing Societies like the petitioner society" and that "the impugned order is also in direct contravention of Art. 43-B which directs the State to give autonomy and promote self-governance of cooperative societies."

The Petitioner Society was represented by the Senior Advocate Devdatt Kamat along with Advocate-on-Record R.R. Deshpande.

Cause Title: Bramha Suncity Co-Operative Housing Society Limited v. Vineeta Tandon & Ors. [SLP (C.) No. 10183/2023]

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