The Telangana High Court has directed a public interest litigant to first seek redressal from the Greater Hyderabad Municipal Corporation (GHMC) concerning the growing public health nuisance caused by pigeons in the city. The court's division bench, comprising Chief Justice Aparesh Kumar Singh and Justice G M Mohiuddin, issued this directive on Wednesday while hearing a PIL filed by a Hyderabad-based doctor.
Petitioner Seeks Curb on Pigeon Feeding
The petitioner, Dr Radheshyam Tapadia, represented by senior counsel L Ravichander, sought the court's intervention to direct the GHMC to exercise its statutory powers. The plea specifically requests restrictions on feeding pigeons in residential areas, hospitals, and historical monuments. Dr Tapadia argued that the civic body's inaction in controlling this practice has led to a large-scale menace, as pigeons are vectors for certain diseases, posing a significant health risk to the public.
The bench, however, emphasized that the corporation should first be formally notified of the grievance. "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 bench observed. The court noted it was essential for the GHMC to be apprised of any perceived failure in performing its statutory duty, which impacts not just an individual but the community at large.
Legal Grounds of the Petition
The PIL contends that the GHMC's failure to act is both illegal and arbitrary. It alleges a violation of Section 115(20) of the GHMC Act, 1955, which empowers the corporation to regulate such activities. The petition also cites violations of Articles 14 and 21 of the Constitution (right to equality and right to life) and the Epidemic Diseases Act, 1897.
Beyond seeking a ban on feeding, the petitioner's prayers include several comprehensive measures:
- Enforcing sanitation and imposing penalties, requiring regular cleaning of affected public spaces and fines for unauthorized feeding that causes environmental pollution, as per legal precedents like Virender Gaur vs State of Haryana.
- Implementing humane population control measures for pigeons.
- Launching public awareness campaigns about the health risks associated with high concentrations of pigeons in urban areas.
Court Adjourns Hearing for Eight Weeks
The bench was initially dealing with a registry objection to listing the PIL. The petitioner's counsel argued that there was no alternative remedy, as the issue required coordinated action from multiple authorities, making a direct representation ineffective. After hearing the submissions, the court adjourned the matter for a further hearing after eight weeks, granting time for the petitioner to first approach the municipal corporation.
This case highlights the escalating conflict between urban wildlife and public health in major Indian cities. The court's directive underscores the principle of exhausting available administrative remedies before seeking judicial intervention, while also putting the onus on the civic body to address a growing civic concern in Hyderabad.
