A man stands next to a 'kabutarkhana' covered in sheets by BMC, at Dadar.
Credit: PTI Photo
Mumbai: The Bombay High Court on Thursday clarified that it had not passed any order directing the closure of Kabutarkhanas (pigeon-feeding spots) in Mumbai, and said it merely refrained from staying the Brihanmumbai Municipal Corporation’s (BMC) decision to shut them.
A bench of Justices G S Kulkarni and Arif Doctor stated that while the court had not intervened with any interim relief for petitioners opposing the BMC’s move, the issue at stake involved serious public health concerns. The judges said a committee of experts may be appointed to study whether the continued operation of such Kabutarkhanas was in public interest, noting, “Human life is of paramount importance.”
“If something affects the larger health of senior citizens and kids, then it should be looked into. There has to be a balance,” the bench observed. The remarks came during a hearing on petitions filed by individuals who challenged the BMC’s move to ban pigeon-feeding and shut the Kabutarkhanas.
The clarification followed public protests earlier this week, after sheets were placed around many Kabutarkhanas in the city. Maharashtra Chief Minister Devendra Fadnavis had claimed the action was based on a High Court order. The bench addressed this directly: “It was the BMC's decision which was challenged before us. We did not pass any order. We only did not grant any interim relief.”
Despite the clarification, the court maintained that the issue at hand was not adversarial. “We are only concerned about public health. These are public places where thousands of people are residing. There are a few who want to feed pigeons. It is for the government to now take a decision,” the court said.
The judges emphasised that constitutional rights of all citizens must be upheld, not just those of a few individuals. “All medical reports point at irreversible damage caused by pigeons. Human life is of paramount importance,” the court reiterated.
Noting its own limitations in assessing medical evidence, the court suggested that a scientific committee could be formed to assess the impact of Kabutarkhanas and decide whether the BMC’s action was justified. The bench stressed that the state was the guardian of public health and had the responsibility to take informed decisions.
“If the committee opines that the BMC's decision was right, then a suitable alternative for the birds can be looked into,” the court added.
Posting the matter for further hearing on August 13, the bench asked the Advocate General of Maharashtra to remain present so that an order setting up the expert committee could be formalised.
The court also instructed that no heritage Kabutarkhanas should be demolished in the meantime.