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264 instances of bird hits so far, Bombay high court told

A PIL claims, waste lies in the open around Chhatrapati Shivaji International Airport attracts birds including eagles and hawks near the airport, increasing the risk of bird hits.

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Instances of bird hits leading to huge losses to airlines are on the rise and the Brihanmumbai Municipal Corporation (BMC) is doing nothing about it, the Bombay high court was informed on Thursday, while hearing a public interest litigation seeking to curb illegal slaughter and unhygienic conditions around the airports, which attracts birds leading to such mishaps.

There have been 264 instances of bird hits and the airlines have suffered loses to the tune of Rs7 crore. The petitioner, Datta Mane said the matter was of immense concern for all airline passengers and those living in the vicinity of the Mumbai airport.

Arguing for Mane, advocate Kunal Cheema said that the BMC cannot issue licenses to slaughter houses, abattoirs and butcher houses located within a 10km-radius of the airport.

“This is in utter disregard to Regulation 31 of Development Control Regulation, 1991. It is necessary to cancel all the licenses issued by the BMC in violation of these regulations as the DCR regulation imposes a mandatory obligation on BMC to refrain from issuing such licenses and no other law or provision can justify the relaxation of this provision,” said Cheema.

The petition states that it is the responsibility of the BMC and Directorate General of Civil Aviation (DGCA) to ensure that all necessary steps, including removal of filth from the immediate vicinity of the airport, are taken to prevent bird hits.

Advocate Cheema suggested to the court that a high level committee of experts needs to be appointed to study the possible causes for bird hits and suggest measures as per international standards to prevent or at least minimise the hits.

He added that in June 2010, the BMC had submitted an affidavit saying that almost all these issues have been addressed and there is no problem near the airport. However, pictures taken from these spots in August last year told another story.

“Within the 10km-radius of the airport, the BMC cannot issue licenses to slaughter houses and meat shops. Yet these exist within the specified radius and are duly licensed by the BMC,” said Cheema.

Mane, in his rejoinder to the affidavit filed by the BMC, has stated that it is clear that the BMC and its officers don’t have the will to solve the issues raised in the PIL. In addition, it states that “bird hits” are a menace and can lead to aircraft crash, thus endangering not only the lives of the passengers, but also people living in the vicinity of the said airport.

The division bench of chief Justice Mohit Shah and justice SJ Vazifdar hearing the matter, commented on a lighter note, “Welcome to Mumbai!”.

The high court though, adjourned the matter for two weeks, as the BMC has sought time to reply to the affidavit filed by Cheema.

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