The bench noted that there are underlying reasons why it insists that the corporation be warned or apprised that it was a default on their part in performing a statutory duty which not only applies to a person, but others also. (File image)
The Telangana High Court Wednesday directed a public interest litigant to first approach the Greater Hyderabad Municipal Corporation (GHMC) regarding the menace of pigeons, as mentioned in his plea.
A division bench of Chief Justice Aparesh Kumar Singh and Justice G M Mohiuddin was dealing with the registry’s objection to listing the Public Interest Litigation (PIL) filed by a city-based doctor and adjourned the matter for further hearing after eight weeks. Among other things, the petitioner listed out the GHMC’s inaction in exercising its statutory powers to restrict pigeon feeding, specifically in residential areas, hospitals, and historical monuments.
Appearing for the petitioner Dr Radheshyam Tapadia, senior counsel L Ravichander submitted that there was no alternative remedy before the petitioner as suggested by the registry. He stated that he had not made any representation before any authority because the issue at hand warrants various authorities to act in unison. The petitioner’s contention is that there was a large-scale menace happening in the state because pigeons are causing certain kinds of diseases.
Responding to the submissions, the bench said, “Let the corporation have a notice from you and let them be ready to respond. They might have taken some steps also. Thereafter, we will enter into the matter, if required.”
The petitioner sought the court’s intervention to direct the GHMC to exercise its statutory powers to restrict pigeon feeding, specifically in residential areas, hospitals, and historical monuments. He also sought to declare the civic body’s inaction as illegal and arbitrary for failing to implement pigeon-feeding regulations under Section 115(20) of the GHMC Act, 1955, violating Articles 14 and 21 of the Constitution and the Epidemic Diseases Act, 1897.
Besides, he sought to enforce sanitation and penalties, requiring the authorities to regularly clean affected public spaces and fine individuals for unauthorised feeding that causes environmental pollution, as per the guidelines in Virender Gaur vs State of Haryana. The prayer also seeks implementation of humane population control and public awareness campaigns on the health risks associated with high pigeon concentrations in urban areas.
Curated by Dr. Elena Rodriguez
