Punjab & Haryana HC Stays Consumer Court Order Directing Ban & Confiscation Of 11 Breeds Of Pet Dogs
The Punjab and Haryana High Court has stayed the interim Order passed by the District Consumer Disputes Redressal Commission, Gurugram directing a ban and confiscation of 11 foreign breed of pet dogs.
The bench of Justice Vinod S. Bhardwaj was dealing with a plea challenging the said interim Order on the ground that the order in question has been passed without authority and jurisdiction and in a manner as is beyond the scope of the Consumer Protection Act, 2019.
Senior Advocate Akshay Bhan and Advocate Navdeep Singh appeared for the petitioners whereas Advocate Pankaj Mulwani appeared for the State.
The counsel for the petitioner had contended that the petitioner intends to buy one more dog and that by virtue of the aforesaid orders, she is being restrained from purchasing and keeping another dog.
The High Court directed thus "…the operation of the interim order dated 15.11.2022 passed by the District Consumer Disputes Redressal Commission, Gurugram, is stayed till further orders."
The District Consumer Disputes Redressal Commission had ordered a ban on pet dogs of 11 foreign breeds in compliance with the notification dated April 25, 2016 by the Government of India.
It had also directed the Municipal Corporation, Gurugram to confiscate the aforesaid foreign breeds immediately.
It had further directed that all the stray dogs within the limits of Municipal Corporation, Gurugram shall be taken into custody.
The High Court while directing a stay on the Consumer Court Order directed the Municipal Corporation, Gurugram, to file an affidavit on the steps it had taken to ensure that residents of Municipal Corporation, Gurugram get their pets registered.
The High Court also directed the Municipal Corporation, Gurugram, to furnish details of the dogs of foreign breeds that are not allowed to be imported.
The Court further directed to furnish details of the dogs being kept in ponds and infirmeries and also sought the vaccination details.
The Court has posted the matter for further hearing on February 15, 2023.
Cause Title- Shivani Dasmahapatra v State Of Haryana & Others with Anr.