Bombay HC asks BMC to invite objections before deciding on controlled feeding of pigeons, forms expert panel to examine crackdown

The BMC submitted before the HC that it intended to allow controlled feeding for two hours at Dadar Kabootarkhana based on the trust’s application. However, the court asked the civic body to first issue public notice and invite objections on applications made by petitioners as the same cannot be decided without considering the “fate of the public at large”.

On August 7, the bench indicated formation of an expert panel to examine the BMC’s decision “to balance the interest of the large population” and to resolve the issue.

In the event, the expert committee upholds the BMC’s closure, the bench had said, “such opinion needs to prevail in the larger public health of the citizens” and “required to be respected” with neither the state nor the BMC to take a contrary position.

The HC had also permitted petitioners to make applications to the BMC commissioner if they intended to feed pigeons and had asked the civic body to hear all stakeholders before passing an appropriate decision considering “larger issue of public health”. The Supreme Court refused to interfere with the HC order.

On Wednesday, Advocate General Birendra Saraf for the state government gave a list of 12 members who can be part of the panel, which the court accepted.

It includes Directors of the state Departments of Public Health and Town Planning as Chairperson and Member Secretary, respectively. Other members will be executive health officer of the BMC; Professor from All India Institute of Medical Science; Dr Sujeet Rajan, pulmonologist of the Bombay Hospital; Dr Amita U Athavale, head of pulmonary medicine at civic-run KEM Hospital; officers nominated by Animal Welfare Board of India (AWBI) and Maharashtra AWB; experts in veterinary science, microbiology and immunology; and the director of Bombay Natural History Society (BNHS).

The panel is mandated to consider the impact of public health due to feeding of pigeons and their droppings. It will opine on whether the feeding can be permitted in a regulated manner at designated places, in case it is found that it adversely affects public health.

The Court asked the committee to “make an endeavour to submit its report within a month of its first meeting.”

The petitioners further informed the court about their applications to the BMC seeking feeding at kabootarkhanas.

Senior advocate Ram Apte for the BMC submitted that it has received an application from the Trust, and the civic body was inclined to permit controlled feeding with conditions for two hours between 6am and 8am by imposing strict conditions, including washing of the area after feeding, among others.

Justice Kulkarni orally told the BMC lawyer, “You have already covered the areas, so ensure feeding cannot be allowed on the road and the decision cannot be in the teeth of the court order. It is not that only petitioners are concerned. It is your (BMC) duty that when it is an issue of public interest, you have to issue notice and seek objections from the public at large. You have not issued public notice. Take appropriate steps. Once it is about public health interest, then it is not only about one person turning up and applying for feeding, but it also affects society at large including residents, passerby.”

The bench also said, “You (BMC) have to take a duly considered decision considering public health and rights assured in the Constitution…You cannot decide the fate of the public at large without considering their objections.  Invite objections, Put your email address on notice….You have to maintain the sanctity of the public order.”

The court directed the BMC commissioner to take informed decision as per law after inviting objections from the different stakeholders, and posted further hearing to September 10.

The court also continued earlier interim orders passed by it, including no demolition of heritage kabootarkhanas and lodging of FIRs against people “illegally” and “defiantly” feeding pigeons at kabootarkhanas and to cover feeding areas. It had earlier refused to pass an interim order to allow the feeding of pigeons.

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