Mumbai: The Bombay High Court on Wednesday directed the Brihanmumbai Municipal Corporation (BMC) to register FIRs against individuals who continue to feed pigeons at kabutarkhanas despite a civic ban and no interim relief from the court.
Court Raps BMC for Delayed Action
The court also rapped the BMC for not acting swiftly on its earlier orders and relying instead on newspaper reports to highlight the ongoing violations. The court noted that it was an issue of large public interest, ”touching the collective fundamental rights of citizens to health, life, and livelihood”.
Cites Serious Public Health Risks
A bench of Justices Girish Kulkarni and Arif Doctor, while hearing petitions filed by animal lovers challenging the demolition of kabutarkhanas, said that despite the civic body’s clear directive prohibiting pigeon feeding, the practice continues unabated. “This is a matter of immediate concern… not only at Dadar Kabutarkhana but also other such locations across the city,” the court observed.
The bench expressed dismay over photographs published in a newspaper, which showed large congregations of pigeons, feathers scattered across the area, and pedestrians covering their noses with handkerchiefs to avoid the stench.
“The reality is that the feeding is being encouraged, particularly in this monsoon season, thereby creating a very serious health hazard,” the court noted.
The judges observed that the civic body’s efforts to discourage feeding by covering kabutarkhanas had been “defeated in every possible manner.” They added, “Some persons mischievously and certainly illegally have continued to feed foodgrains to the pigeons.”
FIRs Under BNS Permitted Against Violators
The court also took serious note of reports that municipal officers trying to enforce the ban were being obstructed. “Officers of the Municipal Corporation are brazenly being prevented from discharging their lawful duties,” the bench said. It permitted the BMC to lodge FIRs under the Bhartiya Nyaya Sanhita, which deal with acts likely to spread diseases and endanger life.
CCTV, Beat Marshals, Police Deployment Ordered
The bench directed the BMC to deploy beat marshals, install CCTV cameras, and ensure residents do not feed pigeons from their windows. Police personnel must also be deployed to maintain law and order and support civic staff.
Next Compliance Hearing on August 7
“This is an issue of large public interest, touching the collective fundamental rights of citizens to health, life, and livelihood,” the judges remarked, adding that compliance must be reported on the next hearing, scheduled for August 7.
Bombay HC Flags Health Hazards From Pigeon Droppings, Seeks Medical Data Amid Kabutarkhana Demolition RowThe court is hearing petitions filed by Pallavi Patil, Sneha Visaria, and Savita Mahajan, who allege that the BMC began demolishing kabutarkhanas from July 3 without legal backing. Earlier, the HC had stayed further demolitions, and that order remains in effect.
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