IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

I.A. No. ____ OF 2023

SPECIAL LEAVE PETITION (CIVIL) NO. 10183 OF 2023

IN THE MATTER OF:

BRAHMA SUNCITY CO-OPERATIVE HOUSING SOCIETY
LIMITED
…PETITIONER
VERSUS
VINEETA TANDON …RESPONDENT

AND IN THE MATTER OF:

DIVYA SINGH ...APPLICANT

INDEX

S. No. Description Page No.

1. APPLICATION FOR IMPLEADMENT

WITH AFFIDAVIT

2. VAKALATNAMA

Filed by:-
..................
.....................
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IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

I.A. No. ____ OF 2023

SPECIAL LEAVE PETITION (CIVIL) NO. 10183 OF 2023

IN THE MATTER OF:

BRAHMA SUNCITY CO-OPERATIVE HOUSING SOCIETY
LIMITED
…PETITIONER
VERSUS
VINEETA TANDON …RESPONDENT

AND IN THE MATTER OF:

DIVYA SINGH
Address: ………………..
………………………...
……………………...,
……………………... ...APPLICANT

APPLICATION FOR IMPLEADMENT/ INTERVENTION

To,
The Hon’ble Chief Justice
And his Companion Judges of the
Supreme Court of India
The humble Application of the
Applicant above-named
 3

MOST RESPECTFULLY SHEWETH:

1. The present Special Leave Petition has been filed by the Petitioner

against the interim order dated 24.04.2023 passed by the Hon’ble

High Court of Judicature at Bombay in I.A. No. (ST) 10035 of 2023

in Writ Petition No. 2572 of 2023.

2. The Hon’ble Supreme Court of India has been pleased to grant an

interim stay of operation of the impugned order dated 24.04.2023

thereby restricting the return of sterilized, vaccinated, healthy and

friendly dogs into their original territories in compliance with Animal

Birth Control Rules, 2023.

3. The applicant herein is a citizen of India exercising her fundamental

duty enshrined under Article 51A(g) of the Constitution of India and

is a resident of the Petitioner Co-operative Housing Society. The

applicant seeks to place before this Hon’ble Court relevant facts and

position of law in order to enforce her rights and that of community

dogs which are a subject matter of the present SLP.

4. The applicant craves leave of this Hon’ble court to be impleaded as a

party in the present petition, as the misleading, inflammatory and

inaccurate information regarding dog bites and aggressive dogs

presented in the SLP has resulted in this Hon’ble Court granting a stay

on the operation of order dt. 24.04.2023 passed by the Hon’ble High

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Court of Bombay whereby dogs declared healthy and friendly by

qualified veterinarians were directed to be returned to their original

areas within the society in compliance with the law of the land.

5. The Applicant is aggrieved by the act of the Petitioner Society in

misleading this court by making false statements about stand taken by

the Applicant that she wishes to adopt all the community dogs which

is practically impossible. Further, the Applicant is aggrieved by the

averments of the Petitioner that all the dogs are violent and aggressive

without providing any evidence in support of such remarks,

demonstrating their oblique goal to obtain orders from this Hon’ble

Court in exercise of extraordinary jurisdiction which is not called for

in this matter, as all the dogs have been diagnosed by qualified

veterinarians to be healthy and friendly in nature.

6. The Applicant is victim of harassment at the hands of the Petitioner

society who have been forcing the Applicant to remove dogs and

relocate all the dogs into shelters. The Petitioner Society has made

false allegations that dogs are fed raw meat by dog feeders and have

thus become aggressive.

7. The Applicant believes that she would be able to effectively assist this

Hon’ble Court on the subject and, therefore, seeks to be impleaded/ to

intervene in the said matter. In particular, as is mentioned above, the

Applicant wishes to plead before this Hon’ble Court that the dogs
 5

being sought to be removed from the Petitioner society have been

declared to be friendly in nature and do not have any medical

condition warranting their removal whether for their own good or for

the safety of residents of Petitioner society.

8. The Applicant submits that the averments made by the Petitioner in

the Writ before Bombay High Court reveal a malicious design to

remove community dogs from society in violation of the law of the

land i.e. ABC Rules, 2023. The Hon’ble High Court of Bombay had

passed an order in accordance with law wherein the PMC being

unable to perform its statutory duties under the ABC Rules, 2023 of

returning the Community Dogs into the Society was being resisted by

the Petitioner, and the Hon’ble High Court had directed the Police to

provide necessary assistance. Therefore, the averment of the Petitioner

that the High Court of Bombay has acted in a high handed manner is

false, unwarranted and has led to miscarriage of justice by the act of

Petitioner in misleading this Hon’ble Court to grant a stay, resulting in

grave injustice to the applicant/other dog feeders and especially the

community dogs which are healthy and non-aggressive, yet have been

removed from their original areas in the society in violation of Rule

16 of the ABC Rules, 2023, detained in dog pounds of PMC, thereby

perpetuating cruelty upon them.

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9. The petitioner has moved an application before the Hon’ble High of

Judicature at Bombay praying for removal and relocation of 25

healthy and friendly dogs which have been living in the society for

years on the false pretext that they are sick, violent, unwanted,

aggressive and barking day and night and that life and limb of

residents in under serious threat. The applicant informs that the

allegations of the petitioner are false as all the 25 dogs have been

observed by the veterinarians of PMC and have been released kin

their original areas in accordance with law. This Hon’ble Court may

kindly be pleased to direct that status quo be maintained by the

Petitioner so that no dogs are forcibly removed from Society in

violation of law.

10. It would therefore be in the fitness of things, and eminently in the

interest of justice that this Hon’ble Court direct an investigation into

the veracity of statements made by the Petitioner. The dictates of

probity and impartial investigation would require that the same be

conducted by an agency completely independent and unconnected of

the Petitioner Society.

11. The Applicant has not filed any other petition in any other Court

seeking the same reliefs. In fact, it is to avoid multiplicity of

proceedings that the applicant is seeking to intervene in the aforesaid

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pending proceedings, rather than file a separate petition for the reliefs

prayed for.

PRAYER

It is therefore prayed that this Hon’ble Court may be pleased to:

a) Permit the applicant to intervene/ be impleaded as a party in

the above mentioned special leave petition;

b) Permit oral and written submissions to be made in the case on

behalf of the Applicant.

c) Direct that status quo be maintained in the society until the next

date of hearing

d) Pass such other orders as thought fit in the interests of justice.

Applicant

Through

Date: Counsel for the Applicant

Place:
 IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

I.A. No. ____ OF 2023

SPECIAL LEAVE PETITION (CIVIL) NO. 10183 OF 2023

IN THE MATTER OF:

BRAHMA SUNCITY CO-OPERATIVE HOUSING SOCIETY
LIMITED
…PETITIONER
VERSUS
VINEETA TANDON …RESPONDENT

AND IN THE MATTER OF:

DIVYA SINGH ...APPLICANT

AFFIDAVIT

I, Divya Singh, d/o _______________, age __ years, r/o

_________________, do hereby solemnly affirm and state on oath as

under:-

1. That I am a resident of the Petitioner society and the Applicant

filing the present application for impleadment and as such I am

well conversant with the facts and circumstances of the case

and competent to swear the present Affidavit.

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2. That I have read and understood the contents of the

accompanying Application for impleadment and I state that the

contents thereof are true and correct to my knowledge and

belief.

3. That I say that the Annexures annexed to the Application are

true copies of their respective originals.

DEPONENT

VERIFICATION

I, the deponent above named do hereby verify on this ____ day of

_____, 2023 that the contents of my above Affidavit are true and

correct and that no part of it is false and nothing material has been

concealed therefrom.

DEPONENT