Samiran Co-Operative Housing Society Ltd vs Lopamudra Ghosh And Ors

The application was filed by a Housing Society, named "Samiran Co-operative Housing Society Ltd." through its constituted Attorney General Secretary of World for Better Living, represented by Mr. Sudipto Modak with its registered office at 10-A, Jatin Das Road, Kolkata-700 029 under Section 14 and Section 18(1) of the National Green Tribunal Act, 2010 (in short NGT Act) being aggrieved by the inaction of the respondent authorities in failing to prevent and control air Pollution caused due to an illegal pigeon poultry farm located on the 10th floor flat of the Megha Mallar Apartment Complex occupied by Respondent No.1, Ms. Lopamudra Ghosh. It is the allegation of the applicant that the respondent No. 1, Lopamudra Ghosh, residing at her uncle‟s flat No.10 C/1 in the multi-storied building complex, has converted it to a pigeon poultry breeding and feeds more than 1000 pigeons regularly resulting in the residents suffering from regular health problems caused by pigeon droppings and foul smell.

The applicant has pleaded elaborately on the potential of pigeon droppings in transmitting over 30 human diseases and ten domestic animal diseases amongst which a serious air pollutant is air-borne fungi that causes Blastomycosis, a disease, to human beings which affects the lungs apart from discharging a large number of compounds like ammonia, volatile organic compounds, hydrogen sulphide, etc., adding to the air pollution of the locality thereby creating public health problems.

The applicant further alleges that cupboards in the two bedrooms of the flat are used for storing pigeon eggs and sacks containing 300-400 kgs of food grains are stored in the drawing room to feed the pigeons regularly. Complaints lodged by the applicant before the Member Secretary, State Pollution Control Board, having been forwarded to the Kolkata Municipal Corporation, inspection of the premises was carried out by the KMC when they found 500-600 birds with cages and the bedrooms turned into a bird sanctuary. The applicant further states that the Senior Veterinary Officer of KMC vide order dated 19.04.2010 had issued direction for eviction of the birds and that earlier the uncle of Respondent No.1, the owner of the flat, when alive, had also lodged a complaint regarding the matter before the applicant Society that led to file a complaint before Officer-in-Charge, Gariahat Police Station vide their letter dated 02.11.2009 whereby they requested for getting the pigeons removed.

Because of the inaction on the part of the respondent authorities in preventing such illegalities which are alleged to be in violation of the provision of the Water (Prevention & Control of Pollution) Act, 1974, the Air (Prevention & Control of Pollution) Act, 1981 and Environment (Protection) Act, 1986, the applicant has sought for the following reliefs:-

"(a) Mandatory order do issue commanding the respondents each one of them and their men, agents, assigns and subordinates to certify and transmit to this Hon'ble Tribunal all records forming the basis of their inaction regarding illegal operation of the pigeon poultry in the flat in residential area and pollution caused so that conscionable justice may be rendered by setting aside and quashing the same.

(b) Mandatory order do issue commanding the respondents each one of them and their men, agents, assigns and subordinates to take adequate measures for to prevent the illegal operation of the pigeon poultry in the flat in residential area and air pollution as well as health hazards due to such air pollution;

(c) Order of stay of the illegal operation of the pigeon poultry in the flat in residential area for causing pollution and operating illegally without the permission of the state Board.

(d) Direction to the respondent No. 4, 5 and 6 to enter into the flat of respondent No.1 being Flat No. 10C/1 in Meghamallar building for the purpose of evicting the birds, cages an d cleaning the stags of food grains and pigeon eggs from the flat.

(e) Direction to Respondent No.1 to close the windows by netting the windows so that the birds can be restricted to enter the flat of Respondent No.1.

(f) Any other appropriate direction/directions and/or order/orders as this Hon'ble Tribunal may deem fit and proper;

(g) Cost of and/or incidental to the instant application;"

Notices having been issued upon them on 25th May, 2016, the Respondents appeared through their counsel on 27th May, 2016 when, as prayed for by them, time to file their affidavits-in-opposition was granted. At the same time direction was issued upon the respondents No. 2,4,6 and 8, i.e., the Principal Secretary, Department of Environment, Govt. of West Bengal, the Officer-in-Charge, Gariahat Police Station, the Deputy Commissioner of Police, South East Division and the Kolkata Municipal Corporation (KMC) respectively to file status reports on the questions raised in original application.

Initially the Respondent No.1 instead of opposing the original application on its merit chose to file M.A. No. 1081/2016/EZ on dated 21.07.2016 solely challenging its maintainability on grounds of legal defects, lack of cause of actions and other reasons. This was followed by an affidavit-in-reply to the Original application on 25.07.2016 denying all allegations made therein as being fraudulent and false and asserted the following:-

(i) That the Kolkata Municipal Corporation in reply to an application filed by the Respondent No.1 under Right to Information Act, 2005, has stated they do not maintain any data and that there are no available records regarding pigeon related diseases;

(ii) That as per inspection conducted by the Animal Husbandry Department, Govt. of West Bengal it has been reported that the Respondent No.1 has a provision for 30-35 feral pigeons and the pigeons being feral, commonly do not have permanent nest or place;

(iii) The scientific community is divided on the issue of pigeon droppings causing more than 30 human diseases as alleged as there are scientific reports to the contrary;

(iv) The Respondent is not running any poultry farm and is not keeping even one pigeon as pet but has provided free entry and exit for pigeons to her flat as she feeds them regularly thereby rendering the allegation of chemical harmful odour being emitted from a poultry farm as being false.

(v) Only 4-5 small gunny bags of food grains for the pigeons are stored because she has been restrained often by the applicant from taking those on the strength of a resolution of the association restraining entry of food grains of Respondent No.1 ;

(vi) That her aunt Sulata Ghosh is neither living in unhygienic conditions nor has she been compelled to live in the flat and, in fact, since the last ten years she has been living with her aunt who is the present owner of the flat and taking care of her;

(vii) There have been attempts by the association in different ways to evict the respondent No.1 for reasons best known to them etc.;

In compliance of our order dated 25th July, 2016, the Officer-in-Charge, Gariahat Police Station, the Respondent No.4, filed a status report in which it was stated as follows:-

"a) As the Respondent No.1 feeds the pigeons, hundreds of them assemble in & around the said flat and the flat and its vicinity have become the shelter of pigeons where they build their nests, lay eggs and discharge droppings which renders the atmosphere in the Megh Mallar Apartments most unhealthy and unhygienic.

b) Serious tension prevails between the Flat owners' Association and Lopa Mudra Ghosh and Ms. Ghosh is adamant and refused to pay any heed to the requests of her neighbours not to feed the pigeons.

c) The Chairperson, State Women Commission with Mrs. Sunanda Mukherjee, has expressed her deep concern on the miserable condition of the old lady was staying with the Respondent No.1 and the possible health hazard of the residents of Megh Mallar Apartment also. The Commission was prevented from meeting with the old lady by Respondent No. 1.

d) Ld. State Advocate, during his physical inspection on 03.08.2016, found a wooden enclosure containing about 33-36 boxes meant for pigeons. More than hundred pigeons were found in both the rooms during inspection. The elderly lady, named Sulata Ghosh did not make any complaint against the Respondent No.1 before the Lady Police Officer during her enquiry. A number of photographs are annexed to the affidavit showing the pigeons inside the rooms, pigeon droppings, sacks containing food grains, etc."

On 7th September, 2016 another affidavit was filed by the applicant to highlight the following facts:-

(i) According to the West Bengal Co-operative Society Act, 2006, the Respondent No.1 is not a nominee of Smt. Sulata Ghosh which is reflected from the register of members and nominees of the applicant society.

(ii) Challans issued at the gate of the applicant society and annexed to the affidavit shows delivery of more than 10 kg of rice everyday to the Respondent No.1 flat to feed the pigeons.

(iii) Dr. Sanjay Dasgupta, a resident of the flat had been admitted several times in the hospital for respiratory failure because of contamination of ambient air caused by pigeon droppings.

Thereafter a supplementary affidavit was filed by the Respondent No.1 placing on record additional documents and photographs stating, inter alia, the following:-

a) That she is an animal lover and has compassion for stray birds that come to her flat at specific times to feed on grains and then fly away. She does not confine any of the birds in the flat but some do stay back.

b) That she has been harassed by the members of housing society and was even physically assaulted by them on 26.11.2009 who are illegally trying to persuade her to sell out the flat.

c) That on the request of the Chairperson of State Commission for Women, the West Bengal Pollution Control Board conducted an inspection in the housing complex but failed to establish existence of pollution in the flat of the respondent No.1 which clearly indicates that she did not cause any kind of pollution or health hazards by feeding the stray birds as alleged by the applicant.

d) That in reply to a R.T.I. application dated 11th July, 2016, the Department of Health and Family Welfare, Government of west Bengal had replied stating that "As per information available with the Public Health and Communicable Diseases Branch of the Directorate of Health Services, Govt. of West Bengal, Swasthya Bhawan, there is no report of any disease that is particularly pigeon related in West Bengal Diseases, in which the natural history is known to have association with pigeons are reportedly only in immune compromised persons e.g. HIV - positive individuals etc. but are not reported to be caused generally in the state. The number of persons reported to have fallen sick/died due to diseases particularly related to pigeons is nil. The situation having been as above, no measure has so far been taken by the Deptt. of Health & FW, Govt. of West Bengal specifically for prevention of the pigeon related diseases in the general population say that such reply by the Government

Department of Health specifically proves the alleged claims of the applicant that number of persons had fallen sick and that some were evendied due to diseases caused by the pigeons that I only feed, and such frivolous and concocted claims are made only to cause harassment upon myself.

e) That this Tribunal has no jurisdiction to entertain or adjudicate on the issue in question.

It may be relevant to note that the documents filed by the Respondent with the supplementary affidavit included certain published articles depicting the value of pigeons and a compendium of various opinions on the harmlessness.

The Chief Municipal Health Officer of Kolkata Municipal Corporation, in his status report filed in the form of an affidavit on 30.11.2016 as directed vide order dated 25.05.2016, stated that after the Commission had carried out an inspection, the Respondent No.1 had been issued with a statutory notice directing her to remove the nuisance/all pigeon farming related goods, materials, etc., from Flat No./ 10C/1, Meghamallar at 18/3, Gariahat Road, Kolkata-700019 vide dated 4. 07.2016. As per the inspection report there were 8- 10 pigeons and some bags containing pigeon feed found stored in the flat.

In a supplementary affidavit filed on 20.12.2016, the applicant annexed some challans which showed that daily 275 to 300 kg of rice, wheat and bajra were delivered to respondent No.1 for feeding more than 1000 pigeons and that the society, in accordance with the direction of the Tribunal, was ready to provide space on the ground floor where the pigeons could be fed, a proposal that was first agreed to by the respondent No.1, but later resiled therefrom resulting in the failure of the settlement.

By another supplementary affidavit filed on 03.02.2017, the applicant filed a number of authoritative publications in professional journals containing opinion of experts on the potential of pigeon droppings in causing many kind of infections on humans and the possibilities of such infectious diseases being transmitted to humans and domestic animals.

Heard Ld. Counsel for the parties, perused and examined the documents and also considered the short synopsis of arguments filed on behalf of the Respondent No.1.

Mr. Prabal Kumar Mukherjee, Ld. Senior Counsel appearing on behalf of the Respondent No.1, at the threshold raised the following objections on the maintainability of the application:-

(i) Want of locus standi of Sudipto Modak, the constituted Attorney of the applicant Housing Society, to file the application;

(ii) that the application is barred by the law of limitation as prescribed under Sub-Section (3) of Section 14 of the N.G.T. Act, 2010.

(iii) Lack of Jurisdiction of the Tribunal to hear the application.

The objections are taken up below in seriatim:-

Objection (i)

The contentions of the Respondent No.1 as set out in the short notes of arguments are that:-

"........A co-operative housing society is governed by the provisions of the West Bengal Co-operative Societies Act and its management is vested upon the body of the society as stated in the rules and regulations. A co-operative housing society manages its affairs through the elected members forming the governing body who is statutorily endowed to take decisions. The present application is not preferred by any duly authorised office bearer of the co-operative housing society but by an alleged 'constituted attorney' who is claimed to be General Secretary of a different entity. The alleged 'constituted attorney' is a not even in the capacity as 'constituted attorney' of the co-operative housing society.

The applicant did not disclose any resolution of the governing body of the co-operative housing society resolving to execute and appoint the applicant as constituted attorney nor any copy of alleged power of attorney appended to the application as required under Rule 13(7) of the National Green Tribunal Procedure Rules, 2011, which is a mandatory requirement. In view of want of locus as well as for non-compliance of the statutory requirement of form of a valid application under Rules 8 and 13, the present application is liable to be dismissed."

Thus it is the case of the Respondent No. 1 that the said Sudipto Modak being statutorily incompetent to file the case and that the provisions of Rules 8 and 13(7) of the NGT (Practice and Procedure) Rules, 2011 having not been complied with, the application was liable to be dismissed.

It is a fact that the applicant has not disclosed any resolution of the governing body of the co-operative housing society appointing Mr. Sudipto Modak as the constituted Attorney nor has a copy of the alleged power of attorney been appended to the application as required under Rule 13(7) of the NGT Rules, 2011. We also find that the verification of the application is much left to be desired considering its vagueness .

However, despite such apparent inadequacies, we are unable to be persuaded to accept the contentions of the Ld. Senior Counsel for the Respondent No. 1. It is trite that rules are framed as handmaid of justice and not as its obstruction. It is also settled that if the courts find substantial compliance of the rules and the non-compliance, if any, would make no difference to the merit of the case, a party cannot be non-suited. In the case at hand we find that all necessary facts have been pleaded and appropriate prayers made quite distinctively which are discernible to enable the court to adjudicate and the rival party to respond.

Failure to file the power of Attorney, in our considered view, would also not vitiate the proceedings as none from the Applicant Society has objected. To the contrary, we have noted that on each day when the case was listed, representatives of the Society were present and on some occasions even participated by making submissions. Moreover, past history of the dispute also lends credence to the case having been instituted at the instance of the Society.

Even otherwise, in a catena of decisions of the Hon‟ble Apex Court as well as the Principal Bench of the NGT, a liberal approach has been adopted on the concept of aggrieved person in environmental matters. Firstly, it is well settled that any citizen has a right to approach the Tribunal regardless of whether he is directly affected by a project or is a resident of the affected area or not. Secondly, the provisions of the NGT Act being a statute, is subservient to the mandate of Article 51A(g) of the Constitution of India which is plenary in character that casts upon every citizen a fundamental duty to protect and improve the natural environment. In the case of Betty C. Alvares Vs. State of Goa delivered on 14th February, 2014 by the Principal Bench of the NGT, the word "person" has been construed to include "an individual" irrespective of whether he is an Indian National or not. We may also refer to the judgement of the Principal Bench dated 14.12.2011 in the case of Vimal Bhai & Ors -vs- MOEF & Ors in Appeal No. 5 of 2011 and that of the NGT, Southern Zone dated 13.12.2013 in the case of Samata & Anr -vs- MOEF & Ors in Appeal No. 9 of 2011. Therefore, we are not inclined to dismiss the application on the technical ground of locus standi raised by the Respondent No.1. Objection (ii)

On the application being barred by limitation the followings points have been taken : -

a) The cause of action of the case had arisen way back on 02.11.2009 and, on 19.04.2010 Kolkata Municipal Corporation had issued letter appended as Annexures-D&E invoking the provision of the Kolkata Municipal Corporation Act, 1980 as the matter falls within its jurisdiction. Therefore, the applicant is resorting to forum shopping.

b) On the applicant's own admission, the application is barred by limitation prescribed under Section 14(3) & 15(3) of NGT Act, 2010.

On the question of limitation under (a) and (b) above, there is no denying of the fact that the cause of action for the present action had first arisen in 2009 which gives an impression that the application is barred by limitation prescribed under Section 14(3) of NGT Act 2010. However, on close examination as contended on behalf of the applicant, the present case is such that cause of action arises every day having regard to the fact that large number of pigeons are fed on each passing day in the residential complex causing nuisance and health hazard to the neighbours. This would be evident from the very pleadings contained in the various affidavits filed by the parties, more particularly in the Miscellaneous Application at paragraph 14 where as many as nine instances of proceedings from the inception pertaining to the nuisance have been catalogued. Can it be said that no remedy would be available against an industry that discharges waste water every day to a river without treatment and continues to do so, if not challenged at the inception? The answer would certainly be in the negative. So is the position in the present case. In the English case of R-vs-Waterhouse (1873) LR 7QB 545 while dealing with a case where nuisance was caused to others due to black smoke emission from chimneys, it was held that each daily emission of smoke was a separate act.

In our considered opinion, the provisions of sub section(3) of Section 14 of the N.G.T. Act, 2010 has to be interpreted and applied in the facts and circumstances obtaining in each case and not in a narrow pedantic manner as is sought to be interpreted on behalf of the Respondent No.1, which if accepted, would result in travesty of justice. We, therefore, have no hesitation in rejecting such contention.

Objection (iii)

On the question of jurisdiction of the Tribunal, the Respondent No.1 has taken the following objections:-

(a) There is no prima facie finding of the PCB on the alleged violation of the provision of Sections 21 & 22 of the Air (Prevention and Control of Pollution) Act, 1981 read with section 25 of the Water (Prevention & Control of Pollution) Act, 1974 due to congregation of pigeons.

(b) There is no substantial question relating to environment to satisfy the mandate of Section 14 & Section 15 of NGT Act.

(c) There is no conclusive nor even a prima facie finding of the PCB on the violation of any of the Acts contained in Schedule I of the NGT Act, 2010 so as to confer jurisdiction upon the Tribunal.

Before we proceed to answer on our jurisdiction to entertain the application, it would first be relevant to discuss on the characteristics of pigeon droppings as reported in various scientific publications. The research paper entitled "Pigeon associated people diseases" authored by Walter Weber and published by University of Nebrasca in 1979 reads as under:-

" PIGEON ASSOCIATED PEOPLE DISEASES

Walter Weber

Indianapolis, Indiana

Feral pigeons (Columbia livia) are not harmless birds. Many potential infections of humans silently exist in pigeons which are not apparent. They have the potential for transmission of over 30 diseases to humans plus another ten to domestic animals. En-vironmental pollution from pigeon droppings is quite evident. Air pollution involves more than noxious gases from automobile exhausts and belching smokestacks. One serious air pollutant is air-borne fungi, which are agents for infectious diseases. There is much information written about the problem, but it remains primarily in the professional jour-nals and technical references, neatly stacked away on library shelves. The objective of this paper is to provide a brief account of the major diseases and to assess their impor-tance. Feral pigeons have been identified with mycotic, bacterial, protozoal, chlamydial, rickettsial, and parasitic diseases as well as dermatosis (Weber 1979).

MYCOTIC diseases are not transmitted from humans to humans. Perhaps this is why they do not make the headlines. The fungi causing the diseases are acquired by inhaling the fruiting bodies or spores along with particles of dust. The fungi live saprophytically in feces and soil.

Aspergillosis is caused by Aspergillus fumagatus. The fungus produces toxins which poison Pigeons assist the spread of the spores in airborne dust.

Blastomycosis is caused by Blastomyces dermatitidus. It primarily affects the lungs; the main route of infection is by inhalation of spores. The organism has been isolated from pigeon manure.

Candidiasis is caused by Candida spp., chiefly C. albicans. Nearly one-fourth of all mycotic deaths are caused by this yeast. It often affects the mouth, respiratory system, intestines, and urogenital tract, especially the vagina. Incidence of candidiasis (yeast in-fection) in women is an increasing problem. The discomfort of the itching, pain, and discharge caused by the growth of this fungus is significant enough to warrant the elimination of pigeons which are one of the three wild birds most frequently infected with Candida.

Cryptococcosis is caused by a systemic pathogenic yeast called Cryptococcosus neoformans. No organ or tissue of the body is exempt. It very frequently involves the brain covering as cryptococcal meningitis. One Indianapolis victim spent 91 days in the hospital with cryptococcosis. The yeast is carried in the intestinal tract of pigeons and deposited in their feces (Newberry 1967). One Kansas City survey showed that 93% of the pigeon coops were infected.

Histoplasmosis is caused by Histoplasma capsulatum. It is interesting to note that the disease was suggested at one time as a biological warfare agent because of its air-borne route (Furcolow, personal communication, 1960). It is probably the second most significant fungus disease. The "summer flu"esternersthatused to midwgetisnow thought to have been histoplasmosis (Personal communication, American Lung Association, 1974). It is basically a pulmonary disease but may extend to the liver, lymph nodes, and spleen. The organism may disseminate to the blood and bone marrow and be fatal. It may lodge in the eye to cause ocular histoplasmosis. Twenty-two cases were reported to the Indiana Board of Health in 1976. Pigeon feces fertilize the soil in such a way as to give the fungus competitive advantage over other soil microorganisms. The largest outbreak ever recorded occurred in Indianapolis during the winter of 1978-79 with over 450 confirmed cases. There were 18 deaths.

BACTERIAL DISEASES identified with pigeons are listed. Erysipeloid generally starts in a break in the skin and is accompanied with a sensation of burning, throbbing pain, and intense itching. It is caused by Erysipelothrus insidiosis. Pigeons are involved in its transmission.

Listeriosis is caused by Listeria monocytogenes. It causes changes in the cells of the nervous system. It may cause conjunctivitis, endocarditis, and skin infections. It can also cause meningitis in newborns, abortions, premature delivery, stillbirths, and death. The organism has been isolated from pigeons.

Parteurellosis is caused by a highly contagious bacteria, Pasteurella multicida. disease may be divided in four groups of syndromes:

1) infection of the upper respiratory tract as nasal discharge or conjuntivitis, 2) infection of the lower respiratory tract as bronchitis or pneumonia, 3) infecton of internal organs as appendicitis or inflam-mation of the urinary tract, 4) abscessed wound infections. Pigeons can spread the bacteria through their droppings or nasal discharge. The organism can live as long as a month in pigeon manure or three months in a dead pigeon.

Salmonellosis is more than food poisoning. Gastroenteritis is the most common manifestation. Enteric fever or septicemia may follow several weeks later as a relapse. Septicemias often terminate fatally. Persistent infections are less common but very im-portant. There may be an abscess or local infection as arthritis, bronchopneumonia, en -docarditis, meningitis, osteomyelitis, or pyeleonephritis. Pigeons are important in the spread of salmonellae, since the bacteria are left wherever the pigeons defecate (MÜller 1965). They trample back and forth through their copious excretion on window ledges and air intake vents. Dusts to contaminate food or homes enter through air conditioners and ventilators. The most common salmonella Isolated from pigeons is Salmonella typhimurum var. Copenhagen, which is found in about 2% of pigeon feces (MÜller 1965).

Yersiniosis is a plague-like disease by Yersinia pseudotuberculosos and Y. enterocolitica. The disease is clinically indistinguishable from appendicitis. Both diseases cause fever, nausea, headache, hard and painful stomachs. Because of the similarity, there were 32 school children hospitalized in Oneida County, New York in September 1976. Fourteen were reported to have had unnecessary appendectomies. Y.enterocolitica serotype 8 was isolated from the ill children. It was first isolated from pigeons in 1916. Transmission may be through the feces, eggs, or ticks of pigeons (Hubert 1972).

PROTOZOAN diseases include American trypansomiasis, toxoplasmosis, and trichomoniasis. American trypanosomiasis is caused by Trypanosoma cruzi. There is no vaccine, effective treatment, or cure for the disease. It is transmitted through the feces of infected triatimid bugs, as the pigeon kissing bug (Triatoma rubrofasciata). The bugs tend to feed at night while the victim is asleep the bug defecates during or soon after engorgement, and most human infections occur when the bug feces are rubbed into eyes or mucous membranes following a bite.

Toxoplasmosis may be one of the most widespread zoonotic diseases in the United States. It is caused by Toxoplasma gondii. It has been shown to cause abortions in women (W.J. Schneider, personal communication, 1977). The organism seems to have an affinity for brain tissue; it may cause mental retardation and death. Pigeons frequently transmit toxoplasmosis through fecal contamination, respiratory droplets, eye secretions, contact with infected tissue, or through ectoparasites.

Trichomoniasis is caused by Trichomonas gallinae. It may affect the genital tract. Pigeons are considered the primary host, with about 80-90% of the adults infected.

VIRAL diseases include encephalitis, meningitis, and Newcastle. Eastern equine encephalomyelitis (EEE) is the most deadly of the North American arbovirus diseases. It has been known to cause mental retardation, convulsions, and paralysis. The mortality rate may be around 60%. Pigeons are considered an amplifying host for the virus (Fothergill et. al. 1938).

St. Louis encephalitis (SLE) affects the nervous system, ranging from complete recovery to disorganization, paralysis, coma, and death. The mortality rate is usually 5-10%, in some cases up to 33%. Pigeons, English sparrows, and house finches are the three birds labeled as main reservoirs of SLE.

West Nile encephalitis ranges from mild to fatal Infections. The virus has been isolated from pigeons.

Western equine encephalomyelitis is much more present and dangerous than most people think. The fatality rate has been between 5 and 15%. Children under one year of age may never recover from an infection of the virus, often becoming total vegetables. Pigeons are one of the amplifying hosts (W.F. Rathel, personal communication, 1977).

Meningitis causes as inflammation of the brain and its covering. Pigeons are subject to meningo-encephalitis. Newcastle disease often involves conjunctivitis, lacrimation, and a mild influenza-like infection. Pigeons are the third largest common carrier; the virus has been detected in their feces.

CHLAMYDIAL and RICKETTSIAL diseases. Chlamydiosis, caused by Chlamydia psit-tiaci, is a generalized infectious disease that causes a flu-like respiratory infection with high fever, severe headache, and generalized aches and pains. Mortality is usually restricted to the old, the weak, or those with concurrent disease. Pigeons are the most common and consistent source of all known hosts (Terskiph 1961). Over half of the pigeon population is or has been infected.

Q fever is caused by Coxiella burnetti. It is characterized by a sudden onset of pneumonitis, sometimes causing death. Pigeons are involved as carriers (Syrcuek et al. 1956). Investigators have isolated C. burnetti from the Kidneys of a large number of pigeons. The disease can be transmitted by infected ticks, ingestion, or by inhalation of dust contaminated with the organism.

PARASITIC WORMS include cestodes and trematodes. Taeniasis by large tapeworm is caused by Taenia saginata, with specimens up to 50 feet having been recovered. Pigeons have been incriminated as potential vectors. Schistosomiasis, one of the most prevalent diseases throughout the world, is caused by a water-borne trematode. Pigeons are associated with flukes in the watery areas where they exist. Other pigeon-associated trematodes include Echinoparyphium paraulum, Echinoparyphium recur-vatum, Echinostoma revolutum, Haplorchis pulimio, and Hypoderaeum conoideum.

DERMATOSIS. Acariasis is caused by infection of mites. Bird mites were responsible for a case of pruritis in a North Carolina hospital. The mites originated in a pigeon nest in the ventilator.

Literature Cited

Fothergill, LeRoy D., John H. Dingle, Sidney Farber, and M.L. Connerley. 1938. Human ecephalitis caused by the virus of the Eastern variety of equine encephalomyelitis. New England J. Med. 219: 411.

Hubbert, W.T. 1972 Yersiniosis in mammals and birds in the United States. Am.J. Trop. Med. & Hyg. 21: 458-463.

Müller, G. 1965. Salmonella in bird faeces. Nature 207 (5003): 1315.

Newberry, Marcus W., Jr., Jinks E. Walter, John W. Chandler, Jr., and Fred E. Tosh. 1967. Epidemiological study of Cryptococcus neoformans. Ann. Int. Med. 67: 724-732.

Syrucek, L. and Raska. 1956. Q fever in domestic and wild birds. Bull. World Health Organziation. 15(1/2): 329-337.

Terskikh, I. I.-Bebutov,A L.M.N. Chel'tsov Kuborina, and A. A. Keleinikov. 1961. Study on ornithosis in birds and its natural focal occurrence. Vopr. Virusol (transl.) 6(2): 141-146.

Weber, W. 1979. Health hazards from pigeons, starlings and English sparrows. Thom-son Publications, Fresno, California. 137 pp."

Yet another research paper entitled "Chlamydial infections in feral pigeons in Europe: Review of data and focus on public health implications" jointly authored by Magnino and 11 other Scientists and published in the International Journal " Veterinary Microbiology in 2009 (Mar 16, 135(1-2), 54-67), also highlights the Feral pigeons (Columba Livia domestica), being commonly infected with the Zoonotic bacterium chlamydophila psittace, the agent of psittacosis (also known as Ornithosis) in humans . This pathogenic organism is transmissible from feral pigeons to humans with 101 cases of disease reported in the literature. The abstract of the full research paper reads as such:-

"Abstract :

Feral pigeons (Columba livia domestica), which thrive in most European towns and cities, are commonly infected with the zoonotic bacterium Chlamydophila psittaci, the agent of psittacosis (also known as ornithosis) in humans. A number of surveys carried out over the last thirty years across Europe have detected high seropositivity values and high percentages of infection in feral pigeon populations. Overall, when considering data from 11 European countries, seropositivity values to C. psittaci in the sampled populations ranged from 19.4% to 95.6%. In most surveys, the complement fixation test was used, and antibodies were detected in 19.4-66.3% of the samples, with a median of 46.1%. Indirect immunofluorescence and ELISA tests were employed less frequently, but led to the detection of higher percentages of seropositivity (23.7-67.7% and 35.9-95.6%, respectively). Attempts to grow C. psittaci in cell culture or embryonated chicken eggs were successful in 2-42.3% and 0-57.1% of samples, respectively, antigen detection methods were positive in 2.3-40% of samples, while conventional PCR and real-time PCR using different genomic targets detected the organism in 3.4-50% of samples. Twenty-five C. psittaci isolates from pigeons were typed as ompA genotype B (n = 14), E (n = 10) and E/B (n = 1). The huge increase of feral pigeon populations in Europe is a major cause of concern for the detrimental effect of pigeon droppings on environmental hygiene, in addition to the extensive damage due to the fouling of buildings and monuments. The most important pathogenic organism transmissible from feral pigeons to humans is C. psittaci, with 101 cases of disease reported in the literature. Exposure to C. psittaci-contaminated dust, direct contact with pigeons through handling and, to a lesser extent, through pigeon feeding have been identified as hazardous exposures in more than half of the human cases, while loose or transient contacts with feral pigeons have been mentioned in about 40% of the cases.

Education initiatives as to the communication of a health risk resulting from contact with pigeons and pigeon excreta should primarily be targeted at individuals who may be exposed to C. psittaci-contaminated dust, such as demolition/construction workers. Recommendations to this category of workers include wearing protective clothes with hoods, boots, gloves and air filter face masks when removing pigeon faeces from roofs, garrets and buildings, especially if working indoors. Monitoring for C. psittaci infections in these workers over time should also be considered. Children should be warned not to handle sick or dead pigeons, and immunocompromised individuals should be advised to carefully limit their contact to feral pigeons.Culling of pigeons by shooting or poisoning is both unethical and ineffective as the place of the killed birds in the population is quickly filled by new juveniles or immigrating birds from neighbouring areas. Pigeon-deterring systems, such as nets and plastic or metal spikes applied to buildings and monuments will prevent their fouling, and the administration of contraceptive drugs may allow size regulation of the pigeon populations. Nevertheless, the measure that will ultimately lead to permanent reduction and will establish healthy sustainable populations is the restriction of indiscriminate feeding by pigeon lovers. The erection of dovecotes and artificial breeding facilities should be considered for providing shelter and a balanced diet to the birds, as well as a chance of interaction for pigeon lovers in a hygienically controlled environment."

Similarly an abstract of the Research paper annexed as Annexure-R-2 to M.A. No. 1081/2016/EZ filed by the Respondent No.1 entitled "Health Hazards posed by the feral pigeons authored by Haaq-Wackernagel D and Moch H from Basel, Switzerland" reads thus:-

"Abstract

A comprehensive literature search of epidemiological studies and reports of transmissions of disease from feral pigeons to humans was performed. There were 176 documented transmissions of illness from feral pigeons to humans reported between 1941 and 2003. Feral pigeons harboured 60 different human pathogenic organisms, but only seven were transmitted to humans. Aerosol transmission accounted for 99.4% of incidents. There was a single report of transmission of Salmonella enterica serotype Kiambu to humans from feral pigeons, and no reports of transmission of Campylobacter spp. The most commonly transmitted pathogens continue to be Chlamydophila psittact and Cryptococcus neoformans. Although feral pigeons pose sporadic health risks to humans, the risk is very low, even for humans involved in occupations that bring them into close contact with nesting sites. In sharp contrast, the immunocompromised patient may have a nearly 1000 fold greater risk of acquiring mycotic disease from feral pigeons and their excreta than does the general population."

Apart from the above, there are host of other publications that emphasize on the health risks caused by several fungal diseases associated with bird droppings. In fact we find a general consensus amongst experts that pigeon droppings are store house of many micro-organisms which have the potential of transmitting diseases to human beings.

The Govt. of India, Ministry of Environment, Forest and Climate Change, in exercise of its powers conferred by Section 6, 8 and 25 of the Environment (Protection) Act, 1986 and in supersession of the Hazardous Wastes (Management, Handling and Transboundary Movement) Rules, 2008 has notified the Hazardous and other Wastes (Management and Transboundary Movement) Rules, 2016. Rule 3 (A) of the said rules defines hazardous waste as follows:-

"hazardous waste" means any waste which by reason of characteristics such as physical, chemical, biological, reactive, toxic, flammable, explosive or corrosive, causes danger or is likely to cause danger to health or environment, whether alone or when in contact with other wastes or substances, and shall include-

(i) Waste specified under column (3) of Schedule I,

(ii) Waste having equal to or more than the concentration limits specified for the constituents in Class A and B of Schedule II or any of the characteristics as specified in Class C of Schedule II, and

(iii) Wastes specified in Part A of the Schedule III in respect of import or export of such wastes or wastes not specified in Part A but exhibit hazardous characteristics specified in Part C of that Schedule III."

Part C of Schedule III gives a list of hazardous characteristics which include infectious substances under H6.2 which reads as such:-

" Substances or wastes containing viable micro organisms or their toxins which are known or suspected to cause disease in animals or humans."

Under H 11 of the said part C which provides for Toxic (Delayed or Chronic) defines it as "substances or wastes which, if they are inhaled or ingested or if they penetrate the skin, may involve delayed or chronic effects, including carcinogenicity."

The aforesaid rules having been framed under the Environment (Protection) Act. 1986 which is one of the laws contained in Schedule I to the N.G.T. Act, 2010, there can be no manner of doubt that the questions raised in the application would fall within the jurisdiction of this Tribunal and, we are also convinced that there are substantial questions relating to environment involved in the case. This would amply be evident from the pleadings, the various literature, the photographs that show large number of pigeons in the residential flats and piles of pigeon dropping heaped on the building rooftop.

Considering the facts as discussed above, we do not find any merit in the preliminary objections raised in the M.A.

M.A. No. 1081/2016/EZ thus stands dismissed.

Coming to the merit of the case, it is the admitted position of the parties that there have been disputes subsisting between the apartment owners Society and Ms. Lopamudra Ghosh on the issue of feeding large number of pigeons daily in the latter‟s flat since 2009 and the nuisance, environmental and health problems caused thereby in the locality. It is a matter of record that the residents of Megh Mallar Society at 18/3, Gariahat Road, Kolkata had made a complaint regarding the matter to the Central Pollution Control Board (CPCB), Eastern Zonal Office and the CPCB had forwarded it to the West Bengal Pollution Control Board (WBPCB) vide letter dated 11.02.2009 requesting them to get the area inspected and to submit status as well as the action taken reports. We also find that the WBPCB had also forwarded a similar complaint received by them from Megh Mallar to the Kolkata Municipal Corporation vide letter dated 08.03.2010 for taking necessary action. In response, the place had been inspected by the Senior Veterinary Officer, KMC, and when he found about 500-600 (approximately) pigeons with cages in one of the bedrooms in the flat of the Respondent No.1, she was directed by him to get the pigeons evicted from there. For better appreciation, we may reproduce below the letter issued by Dr. M.K. Chatterjee, Sr. Veterinary Officer:-

"From:-

Ex.Healthoffice-Br.-VIII

Kolkata Municipal Corporation Vivekananada Park,

Kolkata-700 029

Dated: 19.04.2010

To

Mr. Pijush Kanti Ghosh,

Flat No.10C/1,

Megha Mollar Apartment

18/3, Gariahat Road,

Kolkata-700 019.

Re:- Bird Menace at your Flat

Dear Sir,

As per order of Municipal Commissioner & letter No.494-13L/WPB-C/99/00/W/Part-VIII dated 08.03.2010, from W.B. Pollution Control Board, the place was inspected on 23.03.2016 & further on 27.03.2010.

At the time of inspection we found 500-600 (approx) birds (Pigeons) with their cages at your one of the bed room which is illegally converted as bird sanctuary. So you are directed to evict all pigeons from your residential flat as it causing severer health hazards & nuisance to the other neighbours.

You should remember that it is total residential apartment & does not allow making a bird sanctuary.

So you should follow our instruction immediately.

Thanking you,

Yours Truly,

(Dr.M.K. Chatterjee)

Sr. Veterinary officer,

Br.-VIII, K.M.C."

There was yet another inspection carried out by a two members team of Calcutta Municipal Corporation on 24.06.2010 and in the report submitted to the Director, Animal Husbandry and Veterinary Services, Govt. of West Bengal, it has been stated as under:-

"Inspection report

This is in reference to Memo No. H/34/10-11 dated 04.05.20-10 of CMOH, Calcutta Municipal Corporation, requesting for an inspection at the premises for creating nuisance to pigeons. The inspection was undertaken on behalf of Director Animal Husbandry and Veterinary Services, West Bengal cum Ex-Officio Secretary Animal Welfare Board, West Bengal.

Dr. Goutam Sarkhel, Assistant Director, Directorate head Quarter and Dr. A. Chatterjee, Member AWBI VISITED THE PREMISES ON 24.06.2010 AT 4 P.M. "MEGHAMULLER" is a ten stored building at 18/3, Gariahat Road, Kolkta 700 019, consisting 168 flats. The flat in question is on 10th floor it is on the southern corner. There are no flats above it, the way to the terrace is locked by the society people and it is not used by anybody.

The flat belonging to Sri Pijush Kanti Ghosh is on the southern corner consisting on 2 bedroom and a large dining space. Within one of the bedroom at the extreme southern corner another encloser of 6'x6'x9' has been constructed by transparent synthetic sheet in the three walls of this encloser 36 pigeons holes have been made for 36 pairs of pigeons although only two pairs have been found to have nesting there. The pigeons are being fed with the grains in the morning and evening. They come to this enclose through the window at the balcony and fly away. Moreover, they are Feral pigeons. They do not have any permanent habitat, seldom one or two pairs have nesting as has been seen at present as soon as the nestling fly they will no more be there. The enclose being in the room in the southern corner they are unable to come inside the flat if the entry door is closed. Therefore the question of disturbing other flat owner does not arise. The enclose has been found to be clean and hygienic as it should be. It has been wrongly interpreted as "sanctuary", which is usually in an open space in nature where birds and animals have a permanent habitat.

Further from Public Health point of view it may be stated that pigeons and crows are resistant to Avian influenza and in recent past sero-surveillance and detection of viral antigen for Avain Influenza no evidence has been found in this species as carrier. Therefore, there is no reason for being panic for pigeons.

Submitted to Director Animal Husbandry and Veterinary services, West Bengal Cum Ex- Officio Secretary, State Animal Welfare Board, West Bengal.

(Dr. Goutam Sarkhel)

Assistant Director,

Directorate Head Quarter

West Bengal.

(Dr. A. Chatterjee)

Member,AWBI "

The Respondent No.1, in an application filed under Section 144(2) of the Cr.P.C. before the Court of the Learned 1st Executive Magistrate at Alipore, had admitted that she purchases 25-40 kg of food grains daily to feed the pigeons, vide paragraph 5 of the application annexed at P.75 to the affidavit-in-reply of Respondent No.1.

In terms of our direction, the Deputy Commissioner of Police, South East Division, Kolkata filed an affidavit on 12.08.2016 enclosing a status report of the Officer-in-Charge, Gariahat P.S. wherein it has been stated categorically that there were more than a hundred pigeons found in both the rooms as would appear from the following extract of the status report:-

"Sub:-Report for filing affidavit before Hon'ble National Green Tribunal, Eastern Zone Bench, Kolkata on behalf of Deputy Commissioner of Police, South East Division (Respondent No. 6) and Officer-in-Charge, Gariahat Police Station (Respondent No. 4).

Ref:-Original application No. 83/2016/EZ Samiran Co-operative Housing Society Ltd.

-v e r s u s-

Lopamudra Ghosh & Ors.

Sir,

Beg to state that the private respondent namely Lopamudra Ghosh d/o Late Mrinal Kanti Ghosh has been residing atg Flat No. 10/C/1, 10th floor, Megh Mallar Apartment, 18/3, Gariahat Road, Kolkata-19 along with her ailing aunt. She has a typical habit of feeding wheata grains to the pigeons. For this, she used to stack a number of sacks full of wheat in their flat, which she scatters in and around her rooms, balcony,sun shed, etc. As a result, hundreds of pigeons assemble at and around the said flat, being enticed by those wheat grains. This phenomenon is being continued for several months. Thus, the said flat and its vicinity becomes the shelter of pigeons where they build their nests, lay their eggs and discharge their stool. Thus creates the most unhealthy and unhygienic atmosphere at Megh Mallar Apartment as alleged by the neighbours. It was reported that some of the residents became seriously ill due to some pigeon borne disease.

Over this issue, a serious tension has been prevailing between the Flat Owners Association and Lopa Mudra Ghosh. Residents of the said apartment requested the said lady not to feed the pigeons further and to remove the stack of wheat and to clean her flat. But, Lopa Mudra Ghosh is too adamant to her deeds and not paying any heed to her neighbours.

On 25.04.2016, a team of State Women Commission under the leadership of Mrs. Sunanda Mukherjee, Chairperson inspected the flat in question and expressed their deep concern towards the miserable condition of the old lady and the said flat as well as the possible health hazard of the residents of Megh Mallar Apartment also. They wanted to meet with the old ailing aunt of Lopa Mudra ghosh. But, that was strongly denied by Lopa Mudra Ghosh.

On 03.08.2016, the flat of Smt. Lopa Mudra Ghosh was physically inspected as advised by Ld. State Advocate. During inspection, it was found that there are three rooms in her flat Lopa Mudra Ghosh is staying at the south-eastern corner of the flat measuring about 10 ft. x 10 ft x12 ft. Inside the said room, there is a wooden three sided enclosure measuring about 6 ft. x 6 ft. x 9 ft. containing about 33-36 boxes meant for pigeons. On the opposite side of that room, there is another room of approx. same measurement containing some furniture and electric appliances including two beds. Both the rooms remain always in dark. During inspection, more than hundred pigeons were found in both the room. It was also found that on the floor of the balcony attached to the front side living room was full of scattered wheat for the purpose of feeding the outside pigeons. The same scene was also noticed in the room containing the wooden enclosure. However, snaps were taken inside the entire flat from different angles with the consent of Lopa Mudra Ghosh. This refers to Gariahat Police Station General Diary Nos. 209 and 219 dated 03.08.16. The photographs are enclosed herewith the perusal of Hon'ble Tribunal.

However, during enquiry, our lady officer visited the said flat and met the old lady namely Sulata Ghosh, aged about 76. But, she did not make any complaint in that regard., even of confining her in the unhygienic flat without treatment, as alleged. The matter was already brought to the notice of West Bengal Pollution Control Board and Kolkata Municipal Corporation. The residents of Megh Mallar Apartment were fully assured from this end that Gariahat Police Station is always ready for rendering all sorts of assistance to any statutory authority in resolving the matter. However, this Police Station is bound to carry out any order passed by the Hon'ble Tribunal.

This is for favour of your kind perusal.

Yours faithfully,

Sd/-

Officer-in-Charge,

Gariahat Police Station "

The report on the inspection conducted by the State PCB on 26.04.2016 annexed to the supplementary affidavit of the Respondent No. 1 filed on 28.11.2016 reveals that -

(i) The team was not allowed by Ms. Lopamudra Ghosh to inspect her flat.

(II) The team found pigeon droppings on the roof, railing and Cornices of the residential complex. Some pigeons were observed sitting on the cornices of the complex.

(III) There was complaint by the owner of the Flat No. 10B/1, Swati Bhowmick about her sufferings relating to lung problems because of the characteristics smell from pigeon droppings, features & dirt of pigeon.

The report concluded with the following remarks:-

". Pigeon droppings may cause hazard to the residents of the housing complex.

. State Board is not appropriate authority to deal with this matter.

. Competent authority may be requested to take necessary action in this matter."

(emphasis supplied)

From the above observations and perusal of the documents, we are of the view that-

(i) A considerable number of pigeons, which may be more than 100, visit the residential complex, Megh Mallar and are fed regularly by Ms. Lopamudra Ghosh. A good number of pigeons even stay inside the bedrooms. We find evidence of extensive pigeon droppings on the rooftop causing inconvenience to the neighbouring residents making them vulnerable to health hazards.

(ii) The pigeon droppings contain microorganisms which have the potential to cause diseases in human beings. Although the Respondent No.1 has endeavoured to convince us otherwise by placing some documents showing "the value of pigeons" (vide page 192) and few other headlines showing that the pigeons do not spread disease among humans, we are unable to be impressed by those on the face of the convincing and authoritative published research reports to the contrary already discussed supra.

Section 20 of the NGT Act, 2010 requires the Tribunal to decide cases on three principles of environmental jurisprudence, i.e., sustainable Development, Precautionary Principle and „Polluter Pays‟ principle. In the present case, we no doubt find some research reports which expounds harmlessness of pigeon droppings, but we also find that there are other convincing authoritative findings otherwise as discussed earlier. Under these circumstances, we deem it expedient to invoke the precautionary principle and hold that such large scale feeding of pigeons, even if feral as claimed by the Respondent No.1, leading to pollution of the locality and contamination of the ambient air and ultimately contributing to health problems of the neighbour, is not at all desirable and should not be allowed to continue and must be stopped immediately.

Of course, it has been argued on behalf of the applicant that she had been feeding the pigeons and allowing them to nest within her own premises and that she was within her rights to do so. We are, however, unable to accept this contention as all are governed by the rule of law which prohibits exercise of a right that would result in deleteriousness to the health of others.

In Russell Transport Ltd. V/s Ontario Malleable Iron Co. (1952) DLR 719 while dealing with the defence of reasonable user it was held as follows:-

" A person who causes nuisance cannot avail himself of the defence that he is making a reasonable use of his own property. No use of property is reasonable which causes substantial discomfort to others or is a source of damage to their property."

We may also usefully refer to Darshan Ram V/s Nazar Ram: AIR 1989 (Punjab & Haryana) where a Learned Single Bench of the Punjab and Haryana High Court relying upon the leading English case of John Rylands and Jehu Hovoks V/s Thomas Fletcher (1868) LRH 330, held that a person cannot use premises for causing nuisance to the neighbours. This very case was referred to in judgment dated 12.07.2016 in Appeal from Order No. 1240 of 2013 with Civil Application No. 14, in the matter of Padma Thakore & Anr. V/s Dilip Sumanlal Shah & Ors., cited on behalf of the applicant.

During the course of the proceedings of the case, an opportunity was given to both the parties for arriving at a mutually acceptable solution and on 19.10.2016, Mr. Rahul Ganguly, Ld. Advocate for respondent No.1 and Mrs. Poushali Banerjee, Ld. Advocate for the applicant informed us that the matter had been amicably resolved between them and as per the terms of settlement, the Society had agreed to provide a space of about 200 sq ft in the open space on the ground floor of the premises for the purpose of feeding the pigeons. However, on the next date, it was submitted by Mr. Prabal Kumar Mukherjee, Ld. Sr. Advocate, appearing for Respondent No.1 that his client was not agreeable to accept the offer of the ground floor as space for feeding the pigeons but would agree if the roof top was provided.

While expressing our view that such activities create nuisance and put the neighbours into inconvenience besides being an environmental issue, we do also appreciate the compassion which the Respondent No.1 has for birds and animals. In fact, most of us share such compassion and, like the applicant, tend and feed animals and birds. We consider this as sacred and it is our belief that such action begets divine blessings but, while pursuing with such piousness, we certainly cannot inconvenience others and be a threat to their health.

Cruel as it may appear, the menace has to be dealt with but the means must be compassionate ensuring that the birds are not harmed. Upon consideration of all aspects, we are of the view that the only manner in which such object can be achieved is to direct compliance of the following orders:-

(i) We direct the applicant Society to spare the area of 200 sq ft in the open ground space of the premises earlier identified by them within 15 days and the birds be fed only at that place from the 16th day of the date of pronouncement of this order. The cost of food grains shall be borne by the Society.

(ii) We direct the Respondent No.1 to stop feeding the pigeons from the 16th day and not to store food grains in her flat from that day onwards.

(iii) We direct the Kolkata Municipal Corporation to provide appropriate netting in front of Flat 10C/1 and other five flats in close proximity thereof including the building roof top from the 16th day of this order to prevent the birds from returning on the balconies and roof top and entering the rooms of Flat 10C/1.

(iv) After following the above procedure for three months and when the birds are found to have stopped flying to flat 10C/1 or the roof top, the applicant Society may request the KMC to remove the netting. The Society shall then clean the roof top and the flat owners their own respective flats.

(v) In the event the KMC or the Society faces any law and order problem while implementing these orders, we direct the District Magistrate and Superintendent of Police to intervene.

(vi) If the Respondent No.1, Ms. Lopamudra Ghosh as a bird lover and a person of compassion, volunteers to bear the cost of daily feeding of the birds in the open space on the ground floor, the Society shall permit her to do so.

(vii) Status report shall be filed by the Applicant Society, Respondent No.1, Kolkata Municipal Corporation, the District Magistrate and the District Superintendent of Police after three months, which shall not be later than four months of the order.

With the above directions, this O.A. stands disposed off.

No order as to costs.