No order issued for closure of 'Kabutarkhanas',but people's health is important: Bombay High Court

A man stands next to a 'kabutarkhana' (pigeon feeding area), covered in sheets by BMC, at Dadar, in Mumbai

The Bombay High Court on Thursday issued a clarification that it had not issued any directive to shut down Kabutarkhanas (pigeon-feeding spots) in Mumbai. Instead, the court had merely chosen not to stay the closure orders issued by the municipal corporation.

A bench comprising Justices G S Kulkarni and Arif Doctor addressed the matter while hearing petitions filed by individuals opposing the civic body’s move to prohibit feeding pigeons and shut down designated Kabutarkhanas. The judges underlined that they had not ordered the closures themselves.

However, the court also emphasized that public health remains a critical concern and suggested it may consider forming an expert panel to assess the situation and provide recommendations to the government.

A committee of experts can study whether the old Kabutarkhanas in the city should continue, but "human life is of paramount importance",  Bombay High Court said.

"If something affects the larger health of senior citizens and kids, then it should be looked into. There has to be a balance," the court said.

Earlier this week, sheets were placed covering the Kabutarkhanas in the city, leading to protests. Maharashtra Chief Minister Devendra Fadnavis had then claimed that the Kabutarkhanas were closed following the high court's order.

"It was the BMC's (Brihanmumbai Municipal Corporation) decision (to close Kabutarkhanas) which was challenged before us. We did not pass any order. We only did not grant any interim relief," the HC said.

"We are only concerned about public health. These are public places where thousands of people are residing....There has to be a balance. There are few who want to feed (pigeons). It is for the government to now take a decision. There is nothing adversarial in this," the bench said. It was for the government and BMC to take an informed decision to ensure that the constitutional rights of every citizen are upheld and not just those of a few interested individuals, it added.

"All medical reports point at irreversible damage caused by pigeons. Human life is of paramount importance," the HC said. The court was not an expert to decide the issue, and hence a scientific study needs to be conducted before any decision is taken, it stated.

Posting the matter for further hearing on August 13, the HC asked the Advocate General of Maharashtra to remain present, so that an order setting up an expert committee could be passed. There is a wealth of medical material that needs to be looked into and the court is not an expert to examine the same, it said, adding that an expert committee can decide if the BMC's decision was right.

"Hence, in our opinion, the state can consider appointing a committee as it is the guardian and custodian of public health and of the citizens," HC added. If the committee opines that the BMC's decision was right, then a suitable alternative for the birds can be looked into, it further said.

The high court had last month refused any interim relief to the petitioners, but asked the authorities to not demolish any heritage Kabutarkhanas.

*With Agency Inputs