HC declares void bylaws banning pets in apartments
The Hindu
A Division Bench of the Kerala High Court on Tuesday held that the clauses in bylaws of residents associations banning owners/occupiers of residential apartments from keeping pets of their choice or a
A Division Bench of the Kerala High Court on Tuesday held that the clauses in bylaws of residents associations banning owners/occupiers of residential apartments from keeping pets of their choice or accessing the elevators and common facilities in apartment buildings are void and unenforceable in law.
The Bench comprising Justice A.K. Jayasankaran Nambiar and Justice Gopinath P. passed the order on a petition filed by the People for Animals challenging the bylaws of the associations that prohibit residents from keeping pets of their choice in their individual apartments.
The court, however, made it clear that the residents associations could stipulate reasonable conditions that must be adhered to by owners/residents of individual apartments while keeping pets. The Animal Welfare Board of India had issued a letter on February 26, 2015 containing the guidelines in this regard. They could be adopted by the residents associations.
“We are judges and therefore, cannot act like Mughals of a bygone era ... the writ courts in the guise of doing justice cannot transcend the barriers of law,” the High Court of Karnataka observed while setting aside an order of a single judge, who in 2016 had extended the lease of a public premises allotted to a physically challenged person to 20 years contrary to 12-year period stipulated in the law.
The High Court of Karnataka on Monday declined to interfere, at present, in the investigation against a Bharatiya Janata Party worker, who is among the accused persons facing charges of circulating obscene clips, related to “morphed” images and videos clips related to Prajwal Revanna, former Hassan MP, in public domain through pen drives and other modes.