A bench of Justices G S Kulkarni and Arif Doctor, however, made it clear it cannot permit feeding of pigeons twice a day as sought by a few citizens who had challenged the civic body's action to curtail 'kabutarkhanas'
Pic/Atul Kamble
In an interim order, the Bombay High Court on Tuesday restrained the Brihanmumbai Municipal Corporation (BMC) from demolishing any of the old heritage 'kabutarkhanas' (pigeon feeding spots) in the metropolis, reported news agency PTI.
A bench of Justices G S Kulkarni and Arif Doctor, however, made it clear it cannot permit feeding of pigeons twice a day as sought by a few citizens who had challenged the civic body's action to curtail 'kabutarkhanas'.
The bench asked the BMC and the Maharashtra government to place on record whatever medical material/evidence available concerning human health having a bearing on the policy of shutting down kabutarkhanas.
"In view of the policy now sought to be implemented by the municipal corporation considering the human health to be paramount, we are not inclined to grant any ad-interim order at this stage," the bench noted, reported PTI.
The petitioners had moved the HC against the civic body's crackdown on pigeon feeding spots citing health hazards arising out of their waste.
The court sought affidavits from the BMC and the Maharashtra government on the issue.
"Needless to observe that whatever medical material/evidence available concerning human health having a bearing on the policy of shutting down these places (kabutarkhanas) be placed on record by such affidavits," the bench said, reported PTI.
The court ordered for the dean of the civic-run KEM Hospital to be impleaded as a respondent in the case so that its pulmonary department head can file an affidavit on health hazards caused by pigeon droppings, reported PTI.
As per the plea, there are several heritage kabutarkhanas in the city and raised apprehensions that they may be razed by the civic authorities.
"We order that till the adjourned date of hearing, the old heritage kabutarkhanas be not demolished," the court said, posting the matter for further hearing on July 23, reported PTI.
The state government on July 3 directed the BMC to immediately ensure the feeding of pigeons at public places across the city is stopped in light of health hazards that can lead to respiratory illnesses and several allergies among residents living in the vicinity of kabutarkhanas. Shiv Sena leader and nominated MLC Manisha Kayande had raised the issue in the Maharashtra Legislative Council on Thursday, July 3, stating that kabutarkhanas pose a danger to the people living around them as their waste and feathers lead to respiratory diseases. Subsequently, Uday Samant, minister of higher and technical education, on behalf of Chief Minister Devendra Fadnavis, said that all 51 kabutarkhanas in the city would be banned with immediate effect.
(With inputs from PTI)
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