The Aurangabad bench of the Bombay Excessive Court docket not too long ago mentioned the Nandurbar authorities ought to not take “drastic steps” in the direction of culling hundreds of birds from poultry farms within the district in view of the chicken flu an infection, and will revisit the choice after contemplating all points for controlling the an infection. Numerous birds are contaminated within the district.
The Excessive Court docket, nonetheless, mentioned it can not substitute its views with these of specialists the authorities have consulted. With this, the HC refused to intervene within the plea filed by two poultry farm house owners in Nandurbar district difficult the choice to cull birds and eggs of their farms with a purpose to include the unfold of the illness.
A division bench of Justice Sanjay V Gangapurwala and Justice Shrikant D Kulkarni on February 18 was listening to petitions difficult the February 12 order.
Advocate S P Brahme for the petitioners submitted that their poultry farms are past the 1-km periphery from affected farms, and that their farms have been examined again and again and experiences had been unfavorable for chicken flu. “In such a situation, the authorities couldn’t have directed culling of the birds as a chance of the an infection spreading was nil,” Brahme mentioned.
Assistant Authorities Pleader P Okay Lakhotiya, nonetheless, submitted that the authorities have taken a “aware determination” in session of the central authorities to “safeguard the life and well being of most of the people, in order to curtail the unfold of an infection” and birds in 21 poultry farms within the neighborhood of the petitioners’ farms had been discovered contaminated. “An infection is spreading at a big scale. The space inside 1 km from contaminated poultry farms is contaminated zone and as much as 10 km is surveillance zone,” he mentioned.
The bench noticed, “It seems that the respondent authorities have taken emergent steps to arrest the unfold of the an infection. The authorities definitely would profit from recommendation of specialists within the explicit subject and be guided by the identical. The court docket can not substitute its views rather than skilled views. Curbing the unfold of the an infection of chicken flu definitely could be the precedence and a process to be finished on a struggle footing We might not intervene within the mentioned course of.”
Referring to issues on prohibition imposed by authorities on promoting birds, eggs and different gadgets from the petitioners’ poultry farms, the HC mentioned, “The authorities ought to not have taken drastic steps for culling birds.”
Disposing of the pleas, the bench mentioned, “It might be the choice of the authorities primarily based on the recommendation of specialists relating to steps to be taken to curtail unfold of the an infection. The authorities might revisit the choice of culling animals and after contemplating all points of the matter, might proceed with such steps as would look like correct for the unfold of the an infection. The choice would solely relaxation with the authorities.”