Civic body on Wednesday says it could allow controlled feeding between 6 am and 8 am, but court says consider fate of public at large before making final decision
Police around the shut Dadar kabutarkhana. PIC/ASHISH RAJE
The Bombay High Court on Wednesday constituted a committee to examine the BMC’s decision to close kabutarkhanas across the city and to ascertain their impact on the larger issue of public health. A division bench of Justices Girish S Kulkarni and Arif S Doctor was hearing writ petitions filed by animal rights activists and trustees of the Jain temple adjoining the Dadar Kabutarkhana Trust, challenging the BMC’s crackdown on kabutarkhanas. This crackdown followed an oral directive issued by the Maharashtra government last month to shut them down.
Contrary to the previous hearing on August 7, when the BMC did not appear before the court to clarify whether its decision to ban feeding at kabutarkhanas had been revoked, the civic body, on Wednesday, informed the Bombay High Court that it would allow controlled feeding of pigeons at designated spots and timings between 6 am and 8 am. However, the court directed the civic body to first issue a public notice and invite objections to the applications made by the petitioners, as the matter “cannot be decided without considering the fate of the public at large.”
Pigeons around the Dadar kabutarkhana have been flocking to roofs and terraces of the buildings nearby. PIC/KIRTI SURVE PARADE
Notwithstanding the statements made by Chief Minister Devendra Fadnavis on August 5, wherein he instructed the BMC to continue supplying grains to kabutarkhanas in “controlled quantities” until the civic body formulates a holistic plan for alternative feeding arrangements, the Bombay High Court on Wednesday observed that, if the expert committee upholds the BMC’s decision to close kabutarkhanas on public health grounds, “such opinion needs to prevail in the larger public health of the citizens” and “is required to be respected,” with neither the state nor the BMC taking a contrary position.
The advocate general submitted before the court that the state government is concerned about public health and is conscious that it cannot be compromised. The court stated that the committee formed by it must submit its report within a month. The high court has also allowed the petitioners to seek permission from the BMC if they still wish to feed pigeons in public. mid-day reported on Tuesday that petitioners challenging the prohibition submitted eight letters to Municipal Commissioner Bhushan Gagrani’s office, requesting designated feeding time slots.
The BMC has installed a tarpaulin sheet over the pigeon feeding spot at Dadar Kabutarkhana on August 12. PIC/ASHISH RAJE
Speaking on the pigeon feeding row, Chief Minister Devendra Fadnavis claimed that this issue is emotional. “It is a matter of faith, too. The government will try to find an amicable solution where citizens’ health is not affected, and at the same time feelings too are respected,” Fadnavis hinted about government plans to start feeding spots in areas where there are no residential colonies.
BMC officials were unavailable for comment, despite repeated attempts by mid-day to reach them via phone calls and text messages. According to sources, the closure of kabutarkhanas and the fining of individuals feeding pigeons will continue. The next hearing is scheduled for August 20.
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