IMPORTANT POINT
The judgment establishes that Resident Welfare Associations must adhere to specific guidelines for feeding community animals to ensure safety and compliance with local regulations.

JUDGMENT :

1. Heard learned Counsel for the parties.

2. Rule. Rule is made returnable immediately at the request and with the consent of learned counsel for the parties. This is the dispute between the society and some of its members regarding the feeding of stray dogs within the society's premises.

3. The Petitioner’s society contends that the 5th Respondent is indiscriminately feeding stray dogs beyond the appointed timings and locations, causing society to face a serious problem. The learned counsel for the Petitioner submits that the dogs have become aggressive, and there are instances of them biting or attacking senior citizens and even small children who are helpless to defend themselves.

4. Learned Counsel for the 5th Respondent disputes this position and points out that a mechanism was put in place by the order of this Court dated 24 April 2023 in Writ Petition No. 7402 of 2023. He submits that even the Petitioner seeks implementation of this order, to which the 5th Respondent has no objection whatsoever.

5. Learned Counsel for the Petitioner has invited us to look into the Animal Birth Control Rules 2023, which entered force on 10th March 2023. Rule 20 of these Rules is concerned with the Feeding of community animals. The same reads as follows:

“20. Feeding of Community Animals:

(1) It shall be responsibility of the Resident Welfare Association or Apartment Owner Association or Local Body’s representative of that area to make necessary arrangement for feeding of community animals residing in the premises or that area involving the person residing in that area or premises as the case may be, who feeds those animals or intends to feed those animals and provides care to street animals as a compassionate gesture. The Resident Welfare Association or Apartment Owner Association or the Local Body’s representative shall ensure:

(i) to designate feed spots which are mutually agreed upon, keeping in mind the number of dog population and their respective territories and the feeding spots shall be far from children play areas, entry and exit points, staircase or in an area which is likely to be least frequented by children and senior citizen.

(ii) to designate feeding time depending on the movement of children, senior citizens, sports which is likely to be least frequented by children and senior citizen.

(iii) designated feeder shall ensure that there is no littering at the feeding location or violation of guidelines framed by the Resident Welfare Association or Apartment Owner Association or that areas.

(iv) designated feeders are allowed to volunteer for the vaccination, catching and release of dogs to assist with the Animal Birth Control Program.

(2) Where there is any conflict between the Resident Welfare Association or Apartment Owner Association and the animal caregivers or other residents, an Animal Welfare committee comprising of the following members shall be formed:

(i) Chief Veterinary Officer or his representative.

(ii) Representative of the Jurisdictional Police.

(iii) Representative of the District Society for Prevention of Cruelty to Animal or State Board.

(iv) Representative of any Recognised Animal Welfare Organisation conducting Animal Birth Control.

(v) Veterinary Officer deputed by the local authority.

(vi) Complainant.

(vii) Representative of the Resident Welfare Association or Apartment Owner Association or Local Body of that area.

The decision of the Committee constituted under sub-rule (2) of rule 20 shall be the final decision with regard to the fixing of the feeding point and the Committee may also nominate person from amongst the designated Colony Care Taker by the Board to feed those animals in that area.

(3) Any local authority or animal welfare organisation or any feeder Resident Welfare Association or Apartment Owner Association or Local Body aggrieved by the decision of the Committee framed under sub-rule (2) of rule 20, the appeal shall be filed to the State Board and the decision of State Board shall be the final dec