Bombay high court restrains BMC from demolishing heritage kabutarkhanas and seeks health evidence for policy

Mumbai: The Bombay high court on Tuesday, in an interim order, restrained the BMC from demolishing any of the old heritage kabutarkhanas. It expressed its disinclination in permitting the feeding of pigeons twice a day, as sought by a few citizens who challenged the civic action to curtail kabutarkhanas.Given the policy now sought to be implemented by the BMC, considering human health to be paramount, the HC said it was not inclined to allow feeding without a proper hearing, as it would amount to substantial relief at this interim stage, a bench of Justices Girish Kulkarni and Arif Doctor said.The HC sought replies from the Mumbai civic administration and the state to a petition filed by pigeon feeders. The feeders argued that the civic and state action to demolish and shut down kabutarkhanas across the city was violative of fundamental rights, theirs and the birds. The court said replies should contain medical evidence available regarding human health and the bearing it had on the policy to shut down kabutarkhanas.The HC said the dean of KEM Hospital should be added to the petition so that its pulmonary department head can file an affidavit on health hazards caused by pigeons.The petitioners, Pallavi Patil and others, through their counsel Harish Pandya, informed the HC that there were several heritage 100-125-year-old kabutarkhanas. Despite being tourist attractions and pieces of the city's heritage, such kabutarkhanas would be razed under the demolition spree, which the petitioners contended lacked application of mind and no scientific basis to tarnish the bird's image as a harbinger of diseases.Pandya submitted a compilation before a bench of Justices G S Kulkarni and Arif Doctor that referred to a letter by the Animal Welfare Board of India (AWBI) to the BrihanMumbai Municipal Corporation (BMC), seeking an explanation for the shutting down of a 42-year-old kabutarkhana in 2019 in H Ward, resulting in the death of 200 pigeons.The HC, after hearing BMC advocate Rupali Adhate and Manish Upadhye, state advocate, also said AWBI, the Centre, the Maharashtra Animal Welfare Coordination Committee, director general of police, Maharashtra, and the commissioner of police, Mumbai, are also free to place on record their affidavits. The HC posted the matter for hearing on July 23.