Feeding of pigeons causing nuisance, posing health risk to people, says HC; allows FIR filing
Mumbai civic body
to file FIRs against persons engaging in such an activity.
A bench of Justices G S Kulkarni and Arif Doctor, while hearing a petition filed by a group of animal enthusiasts, noted the issue at hand is one of public health and the grave and potential health hazard to people of all ages at large.
The court had earlier this month restrained the
Brihanmumbai Municipal Corporation
(BMC) from demolishing any of the old heritage 'kabutarkhanas' (pigeon feeding spots) in the metropolis, but had said it cannot permit feeding of these birds.
Despite the denial of permission, it has been found people continue to feed pigeons at these 'kabutarkhanas', the court noted on Wednesday.
"This is now compounded with an emerging situation of utter disregard for law, by those who defiantly continue to feed pigeons in the teeth of our earlier order rejecting pleas supporting any such feeding and congregation of pigeons and now obstruction to civic officials from discharging their duties in this regard," the bench observed.
The HC then asked the BMC to penalise those feeding pigeons in defiance of its directives.
"We accordingly permit the municipal corporation to lodge prosecutions against any person/s who continues to feed pigeons in defiance of the directives issued by the MCGM (Municipal Corporation of Greater Mumbai) since such acts would, in our unhesitating view, constitute a public nuisance and likely to spread diseases and endanger human life," the HC said noted.
"Such acts undoubtedly expose people at large and particularly those who dwell or occupy property in the vicinity (of pigeon feeding spots) to an eminent danger from the spread of infections/diseases dangerous to human life, in addition to causing a large scale public nuisance," it insisted.
The municipal corporation shall take all necessary steps and implement strict measures as they may deem appropriate to stop the congregation of pigeons at the various 'kabutarkhanas' across the metropolis, the bench maintained.
The court noted that the major concern today is again of the most vital aspect -- namely the safety and predominance of human health from the menace created by the congregation of pigeons in the kabutarkhanas in question.
The HC was hearing the petition by animal lovers Pallavi Patil, Sneha Visaria, and Savita Mahajan, who claimed the BMC began demolishing 'kabutarkhanas' from July 3 without legal backing.
They argued the BMC's act violated the Prevention of Cruelty to Animals Act.
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News18
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