The High Court on Tuesday restrained the Brihanmumbai Municipal Corporation (BMC) from taking demolition action against pigeon feeding areas in the city. Simultaneously, the court ordered the inclusion of KEM Hospital principals as parties to the petition challenging the Municipal Corporation's actions, and directed both the Municipal Corporation and the Animal Welfare Board of India to submit their responses to the petition.
Pigeon feeding areas in Mumbai have put the health of citizens at risk. Therefore, the government in the Legislative Council ordered the BMC to immediately launch a campaign to close these pigeon feeding areas. Therefore, a demand was made at this time to close the pigeon lofts in Mumbai, including the Dadar pigeon loft. Immediately after that, the civic body took action against the pigeon feeding area in Dadar West, removing the unauthorised construction and removing the food given to the pigeons.
The BMC had initiated similar action against other pigeon houses in Mumbai. Three bird lovers, Pallavi Patil, Sneha Visariya and Savita Mahajan, have approached the High Court against this action. Also, the BMC claimed that it had launched a campaign to demolish pigeon feeding areas in Mumbai from July 3 without any legal authority.
The petition was heard on Tuesday, July 15, before a bench of Justice Girish Kulkarni and Justice Arif Doctor. At that time, after hearing brief arguments, the court ordered the BMC not to take any immediate action against the pigeon houses. The respondents also clarified that they would file an affidavit on the petition by July 23.
The petitioners also told the court that their natural habitat has been destroyed due to human encroachment and now the municipal corporation is also destroying some of their designated areas.
To prevent citizens from feeding pigeons, municipal officials and police personnel have been deployed at various pigeon shelters. Advocate Harish Pandya and Dhruv Jain, representing the petitioners, informed the court that individuals caught feeding pigeons are also being fined up to INR 10,000.
No legal order
There are over 50 pigeon lofts in Mumbai, some of which are over a century old. Also, they are part of the city's heritage and ecological balance.
Therefore, the petitioners have claimed in the petition that the action taken against these pigeon feeding areas violates their rights under Articles 14, 21 and 51A (c) of the Constitution. Similarly, the petition also claims that despite repeated requests, no legal order regarding feeding pigeons or demolishing pigeon feeding areas could be submitted to the municipal corporation or the police.
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Earlier, the petitioners claimed that the BMC’s action was not only arbitrary and illegal, but was also leading to mass starvation and extermination of pigeons. Also, an attempt was made to tell the court that the BMC's action was a violation of the Prevention of Cruelty to Animals Act, 1960. It is our religious duty to take care of these birds.
The petitioners requested the court to allow pigeons to be fed twice a day. However, the civic body has initiated this action in the backdrop of the proposed policy, considering human health as paramount. Therefore, the court clarified that no interim order will be issued at this stage.
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