Didn't order closure of 'kabutarkhanas', says Bombay HC, 'but people's health is important'

The bench said that it was not an expert to decide over the issue. File pic/Atul Kamble

The Bombay High Court (HC) on Thursday said it had not passed any order directing the closure of 'kabutarkhanas (pigeon-feeding spots)' in the city, but only refrained from staying the closure order of the municipal corporation.

An expert panel can study if the old kabutarkhanas in Mumbai should continue, however, "human life is of paramount importance", the court said, adding, "If something affects the larger health of senior citizens and kids, then it should be looked into. There has to be a balance."

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Earlier this week, sheets were placed covering the kabutarkhanas in the city, leading to protests from some Mumbaikars. Maharashtra Chief Minister Devendra Fadnavis had then claimed that the kabutarkhanas were closed following the HC's order.

A bench of Justices GS Kulkarni and Arif Doctor, however, clarified on Thursday that it had not passed any order, PTI reported.

"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.

However, the judges noted that human health is of paramount importance and concern, and that it would consider appointing a committee of experts to study the issue and submit recommendations to the government.

"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, adding that it was for the state and the Mumbai civic body 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.

"All medical reports point at irreversible damage caused by pigeons. Human life is of paramount importance," the HC said.

The bench also said that it was not an expert to decide over the issue and hence, a scientific study needs to be conducted before any decision is taken.

Posting the matter for further hearing on August 13, the court asked the Advocate General of Maharashtra to remain present then, 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 the expert panel can weigh in on the civic corporation's decision.

"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 Mumbai civic body's decision was right, then a suitable alternative for the birds can be looked into, it further said.

The court was hearing a bunch of petitions filed by people who feed pigeons. The petitioners had challenged the civic body's decision to ban pigeon-feeding and close kabutarkhanas.

Last month, the court had refused any interim relief to the petitioners, but asked the authorities to not demolish any heritage kabutarkhanas.

(With PTI inputs)