Mumbai: Even as the BMC said on Wednesday that it intends to allow controlled feeding of pigeons at Dadar Kabutarkhana (dedicated pigeon feeding spots) for two hours in the morning, the Bombay High Court remarked that it must first issue a public notice inviting objections before taking such a decision.
Court Stresses Need to Maintain Sanctity of Health-Driven Ban
A bench of Justices Girish Kulkarni and Arif Doctor stated that since the Brihanmumbai Municipal Corporation had taken the decision to close all kabutarkhanas and prohibit feeding pigeons in the “larger interest of public health,” the “sanctity” of that decision must be maintained.
Interim Ban on Feeding Upheld in July
On July 15, the HC had passed an interim order upholding the BMC’s decision to ban pigeon feeding at kabutarkhanas but restrained the civic body from demolishing the feeding spots.
Plastic Covering Sparks Protests
Last week, the BMC covered the Dadar kabutarkhana with plastic sheets to prevent people from feeding pigeons. This move sparked demonstrations from various quarters.
Following the BMC’s decision, petitions were filed challenging the ban and seeking permission to feed pigeons. The BMC had received two applications seeking permission for feeding at Dadar kabutarkhana.
During the hearing on Wednesday, BMC counsel Ram Apte told the court that the civic body intends to permit controlled feeding from 6 to 8 am, subject to certain conditions.
HC Says Public Must Have a Say
The court questioned whether the BMC had invited objections and suggestions before modifying its own order. “You will have to receive objections from the public. Even one person coming and applying affects society at large. You will have to take the decision considering all these factors,” the bench said.
It underscored that the civic body cannot decide without inviting public objections. “You cannot decide the fate of the public at large. You cannot just allow feeding now once you have already taken a closure decision keeping public health in mind. You will have to take a well-considered decision,” the court said.
The court added that once the application is received, the BMC will have to issue a public notice inviting objections before taking a decision. “Once you have taken a decision keeping public health in mind, you need to maintain that sanctity,” it said.
The bench said it will need to examine whether feeding can be permitted at designated spots on a regular basis “without compromising public health.”
Senior counsel Anil Sakhare, appearing for one of the petitioners seeking permission to feed pigeons at the Dadar Kabutarkhana, said that once the BMC permits controlled feeding, they would move the HC seeking modification of the earlier order that refused interim relief.
Advocate General Birendra Saraf, representing the Maharashtra government, emphasised that the state is equally concerned with public health and will take a decision “without compromising public health.”
Expert Committee to Study Public Health Impact
The state government submitted a list of eleven names to be a part of an expert committee that will conduct a scientific study on the issue of pigeon feeding at public places and its effects on public health.
Saraf said the committee would comprise officials from the state public health and town planning departments, as well as medical experts. He also said that the committee could call for suggestions from other experts in the field, if needed.
Animal Welfare Board Offers Guidelines
A member of the Animal Welfare Board of India would also be part of it. Advocate Manisha Karia, representing the board, said they had examined the issue and provided detailed guidelines on how to feed pigeons and keep their population under control.
The court said the government shall notify the committee by August 20. At the petitioners’ request, the HC has asked them to submit their written representation to the committee.
Alternative Feeding Location Proposal Rejected
Another petition suggested that pigeon feeding could be allowed in an open area near Mahalaxmi Race Course in Worli. However, the bench rejected the idea, saying: “Today you have come for (feeding at) the racecourse. Tomorrow someone else will come for Oval Maidan, then Azad Maidan.”
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Initially, a petition was filed by animal lovers Pallavi Patil, Sneha Visaria, and Savita Mahajan, through advocates Harish Pandya and Dhruv Jain, challenging the BMC’s demolition of kabutarkhanas since July 3. The HC had restrained further demolitions on July 15. The court had also said that the BMC could take action as per law against those feeding pigeons at public places.
The Supreme Court had earlier this week also refused to intervene in the HC order.
