MUMBAIi: In a fight between residents and management of an upscale residential complex over feeding of stray dogs on the premises, the Bombay high court vacation bench on Wednesday appointed an amicus curiae (friend of the court) observing that the matter “needs to be resolved amicably’’.
Few residents of the NRI complex at Navi Mumbai had petitioned the vacation bench to challenge a notice for a fine of Rs 5,000 against them.
The Seawoods Estate Ltd (SEL) said it designated three feeding spots outside the complex but the dogs were being fed all over causing concern over the safety of residents and cleanliness.
Justices SJ Kathawalla and Milind Jadhav, 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 5,000 residents residing in the complex.’’
Advocate Anjani Kumar Singh, counsel for the petitioners, said dogs are territorial by nature and questioned the legality of the society’s circular to impose an “exorbitant and illegal’’ fine which had now mounted up to lakhs of rupees.
He also sought orders to the civic body to identify seven feeding stations for seven groups of dogs in their territory on the boundary of about 50 acres of SEL.
SEL counsel Aditya Pratap said it has three dedicated feeding areas outside the complex gates, with kennels in an enclosure, complying with a Delhi high court order of having such spots in the scheduled area.
The SEL counsel said residents were bitten and a fine was imposed only on those feeding dogs outside the designated areas on grounds of “littering on the premises’’.
The bench appointed advocate Nausher Kohli as amicus curiae to assist in resolving the dispute and adjourned the matter to January 3, 2022. Till then, no coercive steps against the residents, directed the high court. The Society for the Prevention of Cruelty to Animals (SPCA) must take charge of two ailing dogs in the complex and immediately treat them, it said,