In response to a plea involving a dispute between a housing society and some of its members over the feeding of stray dogs within the society's premises in Mumbai, the Bombay High Court on Friday stated it would be challenging to resolve the disputed factual issues presented in the petition.

Consequently, the court has instructed the Brihanmumbai Municipal Corporation (BMC) to establish an Animal Welfare Committee to investigate and resolve the dispute.

The bench, comprising Justices MS Sonak and Kamal Khata, was hearing a petition filed by the RNA Royal Park Co-operative Housing Society Ltd from Kandivali. The society had raised concerns about one of its members who feeds stray dogs.

The society argued that the member was feeding stray dogs indiscriminately, beyond the designated times and locations, which led to significant issues for the society.

Advocate Rahul Sarda, representing the society, asserted that the dogs had become aggressive, with reports of them biting or attacking senior citizens and children who were unable to defend themselves.

On the other hand, Advocate Gauraj Shah, representing the dog feeder, argued that there was already a mechanism in place for feeding stray dogs as per an order issued in April 2023. Shah sought only the implementation of this order.

However, the bench stated that it could not delve into the conflicting claims regarding the breach of feeding point protocols, timing violations, and aggression by some of the animals. The court noted that these issues are best addressed by the Animal Welfare Committee.

Thus, the court directed the BMC to form a committee to resolve the disputes between the society and the member who feeds the dogs, as well as any other residents concerning animal feeding.

The BMC has been given a fortnight to constitute the committee, which must then make a decision within the following fortnight. The committee is expected to visit the society’s premises to observe the situation firsthand and must communicate its reasoned decision to the parties within a week of reaching a conclusion.