CS(OS) 277/2020

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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Date of Decision: 24^th June, 2021

I.A. No. 4164/2021

In

+

CS(OS) 277/2020

DR. MAYA D. CHABLANI

..... Plaintiff

Through:

Mr. Abhishek Gusain and

Mr.

Sam

C.

Mathew,

Advocates

versus

RADHA MITTAL & ORS.

..... Defendants

Through:

Mr.

D.K.

Pandey

and

Mr.

Deepak

Kumar,

Advocates

for

defendants

No.1 and 3

Mr.

Pragyan

Sharma,

Advocate as Amicus Curiae

Ms. Nandita Rao, ASC for

GNCTD

Ms.

Manisha

T.

Karia,

Ms.

Sukhdha

Kalra,

Mr.

Adarsh

Kumar

and

Ms.Nidhi Nagpal, Advocates

for Animal Welfare Board of

India

CORAM:

HON'BLE MR. JUSTICE J.R. MIDHA

J U D G M E N T

1.

The plaintiff has filed I.A. No. 4164/2021 to restrain

defendant No.1 from feeding the stray dogs near the entrance/exit of

the suit property. However, the dispute between the parties relating

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to the feeding of the stray dogs has been amicably resolved with the

assistance of Mr. Pragyan Sharma, learned Amicus Curiae and Ms.

Manisha T. Karia, learned counsel for Animal Welfare Board of

India. The settlement between the parties on this issue has been

recorded in the order dated 05^th May, 2021, according to which,

defendant No.1 agreed to feed the stray dogs at point A at fixed

times. Relevant portion of the order dated 05^th May, 2021 is

reproduced hereunder:

―I.A. No. 4164/2021

point ‗A‘ marked on the site plan.

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recorded.‖

2.

Mr. Pragyan Sharma, learned amicus curiae, Ms. Manisha T.

Karia, learned counsel for Animal Welfare Board of India, Ms.

Nandita Rao, learned Additional Standing Counsel for GNCTD and

learned counsels for both the parties urged before this Court to lay

down the guidelines with respect to feeding of stray dogs.

3.

Mr. Pragyan Sharma, learned amicus curiae has done

extensive research on the subject and has filed very comprehensive

written submissions before this Court. Ms. Manisha T. Karia,

learned counsel for Animal Welfare Board of India and Ms. Nandita

Rao, learned Additional Standing Counsel for GNCTD have also

filed written submissions. The written submissions filed by the

learned counsels have been considered by this Court.

Submissions of Mr. Pragyan Sharma, Advocate as Amicus Curiae

4.

Feeding of animals has from times immemorial been

considered as a good deed in all religions. Feeding animals including

dogs find mention in the Vedas and Purans and was considered as a

resource to absolve the sins of a person. Dogs have been referred to

as „Shvan‘ in many Vedic verses and have a deep meaning in Hindu

mythology.

5.

Dogs are the most protective and loyal species in the world

and they live within their own packs and territory. Dogs are

considered to be immensely intelligent beings. The survival instincts

of dogs are supreme. Their loyalty towards the humans is also due to

the awareness that they depend on humans for protection. The dogs

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with proper training can be hunters, watchdogs, property protectors

or personal guardians. Once domesticated they consider humans as

their family and consider them as their pack, therefore, they tend to

protect humans in case of any threats.

6.

There is a thin line between dog protection and dog

aggression. A protective dog will become alert to unfamiliar

surroundings or new people but at the same time they will also

remain calm and in control. The aggressive nature of the dog is

triggered only when the dog feels threatened or senses their owner‟s

fear. However, aggression of a dog is many a times misidentified by

owners as protection or over-protectiveness. Internally, this mode is

totally different and rooted in a dog‟s own insecurities and fears.

7.

Dogs are highly versatile in nature and play a very importa