23 March,2021 07:04 AM IST | Mumbai | mid-day online correspondent
Bombay High Court.
The Bombay High Court recently directed the Maharashtra Forest Department to respond to a plea by two Pune residents, challenging its decision to stop people from bringing their pet dogs on leash to the city's popular hills/tekdis.
A division bench of Justices S J Kathawalla and Milind N Jadhav on March 15 passed an order on the writ petition filed by Sharmila Karve and Pallavi Kulkarni, pet owners from Pune, challenging the January 2021 decision of the Forest Department prohibiting pet dogs on the hills in Pune as per Maharashtra Forest Rules, 2014, stated a report in The Indian Express.
Their advocates, Kalyani Tulankar, Ajinkya Udane and Tanaji Mhatugade argued that the petitioners reside in flats along with their families and their pets do not have sufficient space to walk around. Their dogs are taken around their place of residence for daily walks and are regularly taken to Vetal Tekdi behind ILS Law college, Pune.
The petitioners further submitted that on January 4, 2021, they came across a news report which stated that the forest department officers had announced prohibition of pet dogs from being taken on a walk on the hills in Pune.
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The lawyers also stated that the forest department had issued an undated note giving reasons for the decision, which included that the hills are home to peacocks, hares, snakes, birds and other animals, and that citizens taking dogs for morning walks is dangerous for other fauna as they might spread diseases amongst them.
The plea challenged rule 9 (1) (i) of the Maharashtra Forest Rules, 2014, that prohibited trespassing of pet animals from reserved and protected forests and argued the same was invalid as the state government had no powers to prohibit acts other than those enlisted in the Indian Forest Act. Therefore the rule was not applicable to pet dogs on leash.
After hearing the submissions, the court directed the forest department to file an affidavit in reply to the petition and allowed Pune Municipal Corporation (PMC) to be joined as party respondent to the case.
Seeking the presence of the concerned PMC officer, the court posted further hearing to March 23.
