The affidavit also said that earlier license of 23 shops was revoked as they were found contriving terms and conditions of the license.
The Bombay High Court has refused to grant any relief to a Malabar Hill resident seeking action against shop owners, selling exotic spiecies of birds and animals at the Crawford market, causing curelty to animals by keeping them in cages.
A division bench of Justice R M Borde and Justice V M Deshpande disposed of the PIL filed by Sanjay Shirke, with liberty to file a fresh petiton. The corporation also opposed the plea saying that "Open trade of foreign birds is denied. But, the petition filed was vague and lacked in detail. Further, action will be taken if sale of exotic birds or animals is found to be done on inspection. "
The affidavit also said that earlier license of 23 shops was revoked as they were found contriving terms and conditions of the license. It also denied the allegations that birds/animals are being kept in cages. It is said that on inpsection no such cages were found.
Advocate R V Govilkar and Advocate Trupti Purnanik appearing for the corporation argued that "Shops which are selling animals and birds/fish are selling with licenses and they are not prohibited. Thus there cannot be a blanket ban on general shut down of shops. The corporation would lodge FIR against those found illegally selling prohibited exotic birds/animals as and when found.
The bench accepting the affidavit of the corporation, disposed of the petition. The plea states that shops do not have licenses from the civic body to operate but no action is being taken by authorities. The petition claims that the shops sell unweaned puppies taken away from their mothers even before they can open their eyes. It alleges that animals are drugged and large birds, many of which are exotic, are stuffed into small cages and debeaked. Kittens are declawed so that they cannot scratch. Besides, birds such as koels, jungle fowls, macaws, horn bill, munias, parakeets and mynahs were being openly sold in the market.
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