Didn't order closure of `Kabutarkhanas', says Bombay HC, `but people's health is important'
A committee of experts can study whether the old Kabutarkhanas in the city should continue, but "human life is of paramount importance", it said.
"If something affects the larger health of senior citizens and kids, then it should be looked into. There has to be a balance," the court said.
Earlier this week, sheets were placed covering the Kabutarkhanas in the city, leading to protests. Maharashtra Chief Minister Devendra Fadnavis had then claimed that the Kabutarkhanas were closed following the high court's order.
A bench of Justices G S Kulkarni and Arif Doctor on Thursday clarified that it had not passed any order.
"It was the BMC's (Brihanmumbai Municipal Corporation) decision (to close Kabutarkhanas) which was challenged before us. We did not pass any order. We only did not grant any interim relief," the HC said.
But the judges also noted that human health is of paramount importance and concern, and it would consider appointing a committee of experts to study the issue and submit recommendations to the government.
"We are only concerned about public health. These are public places where thousands of people are residing....There has to be a balance. There are few who want to feed (pigeons). It is for the government to now take a decision. There is nothing adversarial in this," the bench said.
It was for the government and BMC to take an informed decision to ensure that the constitutional rights of every citizen are upheld and not just those of a few interested individuals, it added.
"All medical reports point at irreversible damage caused by pigeons. Human life is of paramount importance," the HC said.
The court was not an expert to decide the issue, and hence a scientific study needs to be conducted before any decision is taken, it stated.
Posting the matter for further hearing on August 13, the HC asked the Advocate General of Maharashtra to remain present, so that an order setting up an expert committee could be passed.
There is a wealth of medical material that needs to be looked into and the court is not an expert to examine the same, it said, adding that an expert committee can decide if the BMC's decision was right.
"Hence, in our opinion, the state can consider appointing a committee as it is the guardian and custodian of public health and of the citizens," HC added.
If the committee opines that the BMC's decision was right, then a suitable alternative for the birds can be looked into, it further said.
The court was hearing a bunch of petitions filed by people who feed pigeons challenging the civic body's decision to ban such feeding and close Kabutarkhanas.
The high court had last month refused any interim relief to the petitioners, but asked the authorities to not demolish any heritage Kabutarkhanas.
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