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Time of India
11-08-2025
- Time of India
No SC relief for pigeon feeders, tells them to go before HC
Mumbai: Declining to intervene in a case filed by pigeon feeders, the Supreme Court Monday asked petitioners who challenged the Bombay High Court order directing FIRs against those who feed the birds to approach the HC for a modification of its order. There can't be "parallel indulgence", said the apex court, while refusing to intervene as the matter is pending before the HC. "The merit of the case is under consideration (before the High Court). In such a situation, parallel indulgence by this court is not proper," said the Supreme Court bench of Justices J K Maheshwari and Vijay Bishnoi. "Therefore, we are not inclined to entertain the SLP. However, the dismissal of the SLP will not debar the petitioners from moving an appropriate application for modification of the (High Court) order, if any," the Supreme Court said in its order. The main point of contention raised before the Supreme Court by senior counsel Colin Gonsalves for petitioners Pallavi Patil and other feeders from Mumbai and distant suburbs was over arrests. Gonsalves said the high court order directs the arrest of people who feed pigeons. "Pigeons are dying. Thousands are dying, and the order says to arrest them...I can understand anything else. Should people be arrested?," he said. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like These Are The Most Beautiful Women In The World Undo "Go and apply before the high court," the SC said. You Can Also Check: Mumbai AQI | Weather in Mumbai | Bank Holidays in Mumbai | Public Holidays in Mumbai "So we can make an application for setting aside these orders before the High Court itself?," Gonsalves asked. The SC said, "You can go apply before the High Court." Gonsalves persisted, "Look at the alternatives…10 states have set up feeding towers. The Animal Welfare Board of India has submitted an affidavit." When another counsel pointed out that the HC's Aug 7 order directs that a committee of experts may be roped in, the SC bench said it was aware and thought the challenge was not to that order, nor was this point placed before it in the SLP. The bench said the HC had noted that there was a "wealth of information" regarding the health hazards caused by pigeons. The high court had on Aug 7 also permitted the Dadar Kabootar Khana trust to approach the BMC with a plea to fix feeding hours after it said one hour between 6 and 7 am may be considered. The HC said the BMC could hear stakeholders and decide such a request, and if the BMC rejects the plea, the trustees could always make an interim application before the high court. Several feeders who petitioned the high court, through advocate Harish Pandya, had contended that the BMC had started demolition of kabootar khanas much before July 3 and, without any written order or policy, banned pigeon feeding in the city. The HC declined to intervene on the BMC policy but stayed the demolition of heritage Kabootar khanas at Dadar and elsewhere. Stay updated with the latest local news from your city on Times of India (TOI). Check upcoming bank holidays , public holidays , and current gold rates and silver prices in your area.
Indian Express
15-07-2025
- Health
- Indian Express
No interim relief to plea challenging Kabootar khanas closure: ‘Human health paramount'
Observing that the BMC's recent crackdown on pigeon feeding at Kabootar khanas (feeding areas) took 'human health to be paramount' into consideration, the Bombay High Court on Tuesday refused to grant ad-interim relief to the petitioners challenging the closure of such areas. The HC, while noting that rights of humans and animals should be balanced, refused to pass an interim order permitting feeding pigeons twice a day pending hearing of the plea. The Court however directed that no old heritage Kabootar khanas can be demolished till further orders. Earlier this month, the Maharashtra government had directed BMC to close Kabootar khanas in the city citing serious health hazards due to pigeon droppings and feathers. A division bench of Justices Girish S Kulkarni and Arif S Doctor was hearing a writ plea filed by animal rights activist Pallavi Sachin Patil along with Sneha Deepak Visaria and Savita Mahajan, who sought direction to restrain BMC from demolishing Kabootar khanas/feeding areas for pigeons and to ensure that the petitioners and other citizens are not prevented from feeding pigeons. The plea also sought direction to BMC to restore the 'status quo' with respect to demolished or damaged kabootar khanas. Pending the plea's hearing, the petitioner sought a stay on BMC's 'illegal actions' with respect to the demolition of such feeding areas. 'BMC has material that citizens are affected. Medical science has progressed and there are evidence…It has happened in England, where some old people have died. We don't know what kind of lungs we have now. There are children and senior citizens. Why not adhere to the policy?' the HC orally questioned the petitioner's lawyer. Advocate Harish Pandya for the petitioner argued that even birds have the right to life and are required to be fed. Justice Kulkarni responded, 'There is an issue of concern all over… particularly at such a place (kabootar khana). It is becoming some kind of pandemic as a number of such places come up. KEM Hospital and other Municipal Hospitals have material as they deal with regular visits of persons affected with such diseases.' The judge went on to remark, 'While we recognise animal rights, we also have to put human rights on a high pedestal… You cannot put animal rights over human rights… rights of animals and humans are required to be balanced… We will have to examine whether it (balancing) is not done in the present decision. The corporation had not taken such a decision so far and now they had to because a lot of thought went into it. The whole idea is not to get these pigeons at one place.' Pandya argued that BMC acted in aa 'highhanded and arbitrary manner,' and sought interim relief to feed the pigeons at designated places twice a day so that 'they shall not die of thirst and hunger'. 'This is not a correct stand… that all pigeons in Mumbai go to Kabootar khana. You will find them everywhere… even in the HC corridor… Do you want us to say that pigeons will die if they do not visit Kabootar khana? They are surviving by themselves but you want to feed them because they gather at one place in Dadar area and are only concerned with them,' Justice Kulkarni orally remarked. 'There has to be a logic to your argument… Are you going to feed thousands and lakhs of pigeons? Who said pigeons depend only on your feeding? This is the rainy season so there is no shortage of water… We are conscious of animal rights and they should be balanced… How can they (animal rights) be overwhelming when public health is concerned? Their congregation should be stopped is what they (authorities) are saying,' the judges added. 'In view of the policy now sought to be implemented by the Municipal Corporation considering human health to be paramount, we are not inclined to grant any ad-interim order at this stage… Till the adjourned date of hearing, the old heritage kabootar khanas may not be demolished,' the HC noted. The bench directed the state government, BMC, Animal Welfare Boards of India and Maharashtra Police to file their affidavits in reply along with the response of Dean of civic-run KEM Hospital on health hazards before the next date of hearing on July 23.
