After Bombay High Court Intervenes, Housing Society Agrees To Remove Bouncers Appointed To Prevent Stray Dog Feeders

The Bombay High Court recently accepted the statement made by a housing society in Mumbai that it will remove bouncers, allegedly appointed for harassing members of the society, who fed street dogs in the society premises.

A division bench of Justices Girish Kulkarni and Arif Doctor noted that by detailed orders passed on March 27 and March 28, 2023 and April 24, 2023, the society's committee was clearly directed not to take coercive measures against society members, who feed street dogs.

In those orders, it was held that taking coercive measures against dog feeders would amount to an offence and therefore, the society was asked not to appoint bouncers for harassing such dog feeders.

However, alleging non-compliance of these orders, the petitioner Paromita Puthran filed a contempt petition against the society committee. She told the judges that the society, in breach of these 3 orders, have appointed two women as bouncers since December 2024 and they continue to harass dog feeders.

The society, however, claimed that these two women were not appointed as bouncers but were "special security personnel." It however, made a statement that it would not be averse to discontinue their services, if the same is viewed as a "non-compliance" with the court's orders.

Accepting the statement, the judges directed the Administrator appointed to look after the daily affairs of the society to issue appropriate communication to the two women to discontinue their services.

"We, accordingly, direct the Administrator to issue an appropriate communication to relieve and/or discontinue the duties of these two persons, within a period of two days from the day a copy of this order is available," the bench said in the order passed on June 10.

Considering the fair stand taken on behalf of society, we are inclined not to pass any further orders in exercise of our contempt jurisdiction, against these Contemnors, the bench added.

As regards the contention of the petitioner that the water bowl for dogs and birds, kept on the society premises was forcibly removed, the bench said, "We also observe that the water bowls, which are provided for the dogs, shall not be removed. This is fairly agreed by the counsel representing the society."

"To resolve the issues/disputes on these matters if at all they arise, we are of the opinion that the Administrator shall appoint an appropriate committee comprising of five members, which would include the Petitioner and two dog lovers and two other members, which can look into and amicably resolve such issues. Let an amicable resolution of such disputes, if any, be discussed by the Committee and appropriate measures be taken," the bench ordered.

Appearance:

Advocates Gauraj Shah, Bhuneshwari Kanojia and Samaa Shah for the Petitioner. Assistant Government Pleader Manish Upadhye represented State.Advocates Rahul Sarda and Avadhoot Prabhu instructed by Lex Services represented the Society.

Case Title: Paromita Puthran vs Municipal Corporation of Greater Mumbai (Contempt Petition 80 of 2024)

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