A bench of Justices G S Kulkarni and Arif Doctor, however, stated that before granting any such permission, the BMC has to first issue a public notice inviting objections and then take a decision on allowing controlled feeding of the birds at the popular site in Dadar
Last week, tarpaulin sheets were placed at the Dadar Kabutarkhana, a popular pigeon feeding site. File Pic/Kirti Surve Parade
The Brihanmumbai Municipal Corporation (BMC) informed the Bombay High Court on Wednesday that it intends to permit controlled feeding of pigeons at the Dadar Kabutarkhana for two hours each morning, from 6 am to 8 am, subject to specific conditions, reported the PTI.
A bench of Justices G S Kulkarni and Arif Doctor, however, stated that before granting any such permission, the BMC has to first issue a public notice inviting objections and then take a decision on allowing controlled feeding of the birds at the popular site in Dadar.
Since the BMC's decision to close kabutarkhanas (pigeon feeding spots) in the city and prohibit feeding of pigeons was in larger interest of public health, the sanctity of the same has to be maintained, the court noted, while hearing a bunch of petitions, according to the PTI.
Last week, tarpaulin sheets were placed at the Dadar Kabutarkhana, a popular pigeon feeding site, by the BMC to prevent people from offering grains to the birds, a move which had led to protest during which the covers were forcibly removed by agitators.
During Wednesday’s hearing, BMC counsel Ram Apte told the court that the corporation intends to allow feeding in a restricted time slot, under set conditions. However, the bench questioned whether the BMC had sought public opinion before considering this decision, as per the PTI.
"You (BMC) 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 HC observed.
Meanwhile, the Maharashtra government submitted a list of 11 individuals for a proposed committee tasked with conducting a scientific study on pigeon feeding in public places and its potential impact on human health. The court directed that the committee be officially notified by 20 August.
Advocate General Birendra Saraf informed the court that the committee would include representatives from the state public health and town planning departments, along with medical experts.
The High Court was hearing several petitions filed by individuals who regularly feed pigeons at kabutarkhanas. The petitioners are challenging the BMC’s decision to ban such feeding and shut down the facilities, citing health concerns linked to pigeon droppings and diseases.
The court had earlier denied interim relief to the petitioners but directed the BMC not to demolish heritage kabutarkhanas. It also stated that the civic body may take legal action against those found feeding pigeons at public places.
The Supreme Court earlier this week declined to interfere with the High Court’s ruling.
Senior counsel Anil Sakhare, appearing for the petitioners, said that if the BMC ultimately permits controlled feeding, the petitioners would then approach the High Court seeking a revision of the previous order refusing interim relief.
(with PTI inputs)
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