Delhi High Court Orders Status Quo On MCD’s Demolition Action Against Makeshift Shelter Of 80-Yr-Old ‘Dog Amma’

The Delhi High Court on Wednesday ordered status quo on the action of Municipal Corporation of Delhi (MCD) of demolishing a temporary makeshift shelter of an 80 years old woman, housing over 200 displaced stray dogs for over 30 years.

Pratima Devi, an octogenarian popularly known as “Dog Amma”, moved court seeking immediate alternate shelter after the demolition happened on January 3, leaving the elderly woman and stray dogs shelterless. 

The urgent mentioning of the plea was allowed today and the same was listed before Justice Manoj Kumar Ohri who also permitted the petitioner woman to put a tarpaulin as an interim measure.

The court also directed the MCD and Delhi Government to explore the possibility of providing rehabilitation to the petitioner, without prejudice to the rights and contentions of either of the parties.

”Keeping in view the facts and circumstances of the case and the contention of the petitioner that the impugned action has been taken by respondent No. 1 without any prior notice, this Court deems it expedient to direct that the respondent shall maintain status quo till the next date of hearing and to overcome the immediate need for the shelter, the petitioner shall also be permitted to put a tarpaulin as an interim measure,” the court ordered.

 Justice Ohri also issued notice on the plea while listing the matter next on March 15. The petitioner was represented by Advocates Vaibhav Gaggar, Monica Lakhanpal, Shivani Sethi and Kokila Kumar.

The plea sought to restrain MCD, Delhi Government and Animal Welfare Board of India from further demolishing the octogenarian’s makeshift shelter and also to maintain status quo ante till alternate shelter is provided for the displaced stray dogs.

Calling MCD’s action as arbitrary, unfair and inhumane, the plea argues that the said action is discriminatory and in gross violation of the rights of stray dogs as well as the old woman who have been displaced from their temporary makeshift shelter without giving a prior notice.

“The Respondent No. 1 further without giving prior notice of demolition to the Petitioner who is a senior citizen, octogenarian, has been forced to witness such harshness in this inclement weather conditions of Delhi. This further accentuates the fact that the Respondent No. 1 is in gross violation of principles of natural justice wherein no notice/intimation was provided to the Petitioner whatsoever,” the plea states.

The plea also adds that after the demolition, the petitioner woman has been living over the debris of the makeshift shelter along with many stray dogs in severe weather conditions of the national capital, without a roof over their heads.

“Thus, there is a need to spread awareness that even animals have a right to live with respect and dignity in our society and that such arbitrary actions of the Respondent No. 1 to displace such stray animals without providing them with adequate alternative shelter homes goes against the very objectives and safeguards laid down by various Courts of the country,” the plea adds. 

Title: Pratima Devi (Dog Amma) v. Municipal Corporation of Delhi & Ors.

Citation: 2023 LiveLaw (Del) 16