Institute of Legal and Management Studies

The Supreme Court today refused to interfere with the Bombay High Court's orders which observed that feeding pigeons poses serious health hazards and directed the Brihanmumbai Municipal Corporation to register criminal cases against people who continue to feed pigeons at Mumbai's 'kabutarkhanas' in violation of the Corporation's directives.

A bench of Justices JK Maheshwari and Vijay Bishnoi observed, "Parallel indulgence by this Court is not proper. Petitioner can move HC for modification of order".

To recap, the High Court was seized of a bunch of petitions filed by animal lovers and animal rights activists, assailing the Mumbai civic body's demolition of decades-old 'kabutarkhanas' (pigeon feeding spots) beginning around July 3.

Initially, the High Court restrained the Corporation from demolishing 'kabutarkhanas', but opined that the feeding of pigeons could not be allowed to continue. On July 30, noting the continuation of pigeon feeding activities despite its observation regarding the health hazard posed, and people's obstruction with civic officials discharging their duties, the Court directed registration of criminal cases against those who continued to feed congregations of pigeons.

“We accordingly permit the designated officer of the municipal corporation to lodge prosecutions under the provisions of Section 270, 271 and 272 of the BNSS against any person/s who continues to feed pigeons in defiance of the directives issued by the MCGM, since such acts would in our unhesitating view constitute a public nuisance and likely to spread diseases and endanger human life,” the High Court said.

Prior to that, on July 24, the High Court opined that if there is a hazard or potential for such hazard by breeding of pigeons and congregating them in Kabutarkhanas, it is a matter of grave social concern. The Court added that the proceedings ought not to be considered as adversarial by any of the litigants, in as much as the decision of the Municipal Corporation was stated to be taken in the larger interest of the societal health, which includes health of all categories of persons from children to senior citizens.

Aggrieved by the High Court's 'hasty' hearing, the petitioners approached the Supreme Court. In their petition, they give suggestions including setting up of bird towers, as measures to enable co-existence of humans and pigeons. It is claimed that pigeon feeding is a religious practice for Hindu devotees, continuing since years, and the material placed by the respondents before the High Court had little bearing on effects of pigeon-feeding. Rather, it indicated that asthma was caused by vehicular pollution, open burning, etc. As per the petitioners, 51 of the feeding places existed in Mumbai since decades and there was no occasion for their instant closing.

The petition is filed through AoR Satya Mitra.

Case Title: PALLAVI SACHIN PATIL AND ANR. Versus MUNICIPAL CORPORATION OF GREATER MUMBAI AND ORS., SLP(C) No. 22103-22104/2025