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souldrop1000   30 September 2024

Constitutional law vs corporation law regarding pets

Hello.

I am a tenant of a flat based in kolkata currently have 6 cats all aged 14 .. all Vaccinated and duly neutered/steralized.

the building is an old building and there is passage between my kitchen and the flat.so the gate stays open and sometimes my old cats likes to sit in the passage near the entrance of the kitchen.. the landlord being a neighbour and having a lot of ild personal grudges against us has filed case in high court saying that I rear cats and let them roam around the building and they spread nuisance and do excreta which is actually baseless.. the high court ordered kolkata municipal corporation to hear the matter and pass judgement under kmc section 523 which allows kmc to throw animals away...

My question is Since all my cats are personal pets aged 14 completely vaccinated and steralized  the landlord is taking revenge of past things by harassing us regarding this..In this circumstances what can be the outcome since there are Indian pet laws protecting me but then there are kolkata corporation laws under 523

How do I protect myself?



Learning

 4 Replies

Dr. J C Vashista (Advocate )     30 September 2024

When the landlord has a problem with your pets, you may shift to some other rented premises where all of you as well as landlord may live peacefully.

T. Kalaiselvan, Advocate (Advocate)     30 September 2024

It depends on the inspection and investigation report to be submitted by the municipal authorities.

You can produce the documents in your support but the allegations are that your pet animals are roaming around the entire building, create nuisance and do excreta, your defence should be on that line.

 

souldrop1000   30 September 2024

thank you for your humble response @ T.kalaiselvan 

The allegations are that I rear and breed cats and let them roam around the entire building create nuisance and do excreta which you pointed out

..the corporation already caused an inspection in the building.

"Learned advocate representing the Corporation relies upon the instruction forwarded by the Health Department, Borough-VI dated 15th April, 2024 wherein it has been recorded that in response to the complaint made by the petitioner, the Corporation already caused an inspection to ascertain the genuinity of the said complaint and it was found that no breeding took place at the subject place, anti larval spray has been done and at the time of visit only one cat was found."

The judge has ordered the municipal commisioner to hear the matter within a month under section 523 of the kmc act.

T. Kalaiselvan, Advocate (Advocate)     30 September 2024

Sice the matter has reached court, you may ahve to wait for the disposal of the case by court, hence any further opinion in this regard cannot be rendered till such time.


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