Bombay High Court
Gunvantrai Maganlal Shah vs State Of Maharashtra, Through The ... on 30 July, 2025
Author: G.S. Kulkarni
Bench: G.S. Kulkarni
1/10 905-906-wpl-21199-25&anr.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
(905) WRIT PETITION (L) NO. 21199 OF 2025
Pallavi Sachin Patil ...Petitioner
Versus
Municipal Corporation of Greater
Mumbai, Through Its Commissioner & Ors ...Respondents
AND
(906) WRIT PETITION (L) NO. 21694 OF 2025
Gunvatrai Maganlal Shah ...Petitioner
Versus
State of Maharashtra & Ors ...Respondents
-----
Mr. Harish Pandya a/w Malhar Zatakia Mr. Rohit Agarwal i/b Mr. Dhruv Jain
for Petitioner in WPL/21199/2024.
Mr. Praful Shah a/w Mr. Yakshay Chheda i/b SSB Legal & Advisory for
Petitioner in WPL/21694/2025
Mr. Sahil Sayyed, Mr. Anand Pai ( Party in Person) Advocate for Respondent
No. 9, Intervenors.
Ms. Rupali Adhate a/w Ms. Pushpa Yadav i/b Ms. Komal Punjabi for BMC.
Mr. Dhairyasheel Pawar, AE Maintainance and G/N Ward, Mr. D. Pawar, Asst.
Eng., Maintainance Dept. G/N, Mr. Vitthal Jadhav, Sr. Architect (Heritage)
D.P. Dept. Mr. Radheshyam Jaiswal, S. E. , SWM 'A' Ward present in court.
Mr. Manish Upadhye, AGP for State.
Mr. Deepak A. Gaikwad (P.S.I.), Dadar Police Thane, Mumbai.
Smt. M. M. Deshmukh, Addl. P.P.
Mr. Vishal Navale for Respondent No. 3 in WPL/21199/2025.
Mr. Ashutosh Mishra for UOI, Respondent No. 4 in WPL/21199/2025.
-----
CORAM : G.S. KULKARNI &
ARIF S. DOCTOR, JJ.
DATE : 30th JULY, 2025.
P.C:
1. The Municipal Corporation in the larger public interest and more
particularly considering the health of the citizens in densely populated areas in
Meera Jadhav
2/10 905-906-wpl-21199-25&anr.doc
Mumbai like Dadar and the other parts, have taken steps to close down, what
are popularly known as "Kabutarkhanas", the feeding places for the pigeons.
The basis of such actions was on account of the pigeon droppings, feathers and
other particulate matters being carried by air, causing severe respiratory
diseases, notified as acute interstitial pneumonitis, which is purely related to
exposure to pigeons.
2. On such backdrop, we extensively heard the learned counsel for the
parties on 24th July 2025 leading to a detailed order being passed on the present
proceedings. We recorded the contentions as urged on behalf of the Municipal
Corporation relying on an affidavit of Dr. Amita U. Athavale, Professor and
Head (Department of Pulmonary Medicine and Environmental Pollution
Research Centre), KEM Hospital. The deponent stated that the pigeons
droppings and the feathers and other issues connected with the congregation of
pigeons, has triggered asthama and other diseases like hypersensitivity,
pneumonitis etc. We also noted a decision of the Division Bench of this Court
in Adarsh Chowpatty Pragati Mandal & Ors. Vs. State of Maharashtra & Anr.
[Writ Petition No.2197 of 1998] (Coram : A. S. Oka and P. N. Deshmukh JJ.
as their Lordships then were) then referring to the medical materials as
submitted by Dr. Sujeet Rajan, an expert in the field. The Court in such
judgment rendered on 21st June 2018, accepted the medical report which was to
the effect that it was extremely important to dismantle open feeding areas in
Mumbai. The report of the expert observed that exposure to pigeons and their
droppings can wreak havoc in child's or adult's lungs and the hypersensitivity
Meera Jadhav
3/10 905-906-wpl-21199-25&anr.doc
pneumonitis, can cause acute breathlessness, and by avoiding exposure to
pigeons can reduce symptoms and normalise the lungs. It was observed that
most people realise this medical condition too late and only when they get
more severe, by which time fibrosis has already started in the lungs. It was also
observed that there is no drug currently available in the world to cure or reverse
fibrosis, and as it progresses, many of these patients require oxygen at home,
and often die suffering on ventilators, or waiting for a lung transplant-
something not yet available in Mumbai, extremely expensive, and fraught with
complications and poor survival rates.
3. It is with such seriousness of the matter we had adjourned the
proceedings to 7th August 2025 on the backdrop of our prior order dated 15 th
July 2025, in the light of the directives sought to be implemented by the
Municipal Corporation and considering the human health to be paramount, we
refused to grant any ad-interim orders on the petition. The following
observations are made in our order are referred as follows:
"However, in view of the policy now sought to be implemented by the
Municipal Corporation considering the human health to be paramount,
we are not inclined to grant any ad-interim order at this stage. In any
event granting any such order would amount to a substantial relief
being granted on the writ petition at the interim stage. We need to hear
all the parties and thereafter pass appropriate orders on the petition."
4. We however directed that the old heritage Kabutarkhana be not
demolished. Thus, although by our order dated 24 th July 2025 we adjourned
the hearing of this petition to 7 th August 2025, as some disturbing facts the
feeding at these Kabutarkhanas has continued as also the congregation is being
Meera Jadhav
4/10 905-906-wpl-21199-25&anr.doc
encouraged, in the present monsoon season, thereby creating a very serious
health hazard, we have listed the proceedings today. Also a report to this effect
with photographs is published in today's local newspaper Maharashtra Times
[dated 30th July 2025] which shows the disturbing state of affairs. This has a
bearing on the orders passed by this Court.
5. The said news report alongwith the photograph shows not only the
presence of these birds in large number at the Dadar Kabutarkhana but also
pigeons feathers lying everywhere in the vicinity and most importantly people
walking on the road with handkerchiefs on their nose. protecting themselves
from the stink and the infection, which is likely to be caused. The comment as
made in the news report is quite telling which reads thus:
OFFICE TRANSLATION:
"After the State Government announced to close down the
'kabutarkhanas' (pigeons feeding location), the Mumbai Municipal
Corporation had immediately started demolition work thereof.
However, the Hon'ble Court has passed Interim Order not to take
action of demolition work of old kabutarkhanas till the date 7th
August and as a result, the foul smell emitting due to the filth of
feathers and excreta of pigeons is continuing in the vicinity of
kabutarkhana in Dadar and therefore, the residents passing by the said
area are required to pass by the said area by covering their nose with
hands."
(emphasis supplied)
6. We may observe that although the Municipal Corporation has
announced its directives to close down the Kabutarkhanas in Mumbai,
considering the paramount interest of the citizens health and which is certainly
an issue of large public interest, touching the collective fundamental rights of
the citizens of health, life and livelihood, the result which was sought to be
Meera Jadhav
5/10 905-906-wpl-21199-25&anr.doc
achieved by the Municipal Corporation, was that, no feeding of the pigeons in
such places or any arrangements that the pigeons congregate at such places
stood prohibited. However, despite such clear directives which are sought to be
implemented very rigorously, as pointed out to us on the earlier occasions, as
also the court refusing to grant any stay on such directives of the Municipal
Corporation, it appears to be rampant that the feeding of pigeons at these
prohibited places has continued unabated. In fact measures were taken by the
Municipal Corporation to cover these areas so that the pigeons would adopt
themselves to the natural surroundings and no feeding would then be possible
is being defeated in every possible manner, is the sad reality.
7. In our order dated 15th July 2025, we did not grant any relief that the
covers, which were put up be removed and the congregation in any manner can
be encouraged and any feeding was made permissible. However, what appears
to be happening is that some persons mischievously and certainly illegally have
continued to feed foodgrains to the pigeons. This is a matter of immediate
concern in so far as not only the Dadar Kabutarkhana is concerned but it needs
to be a concen qua the other Kabutarkhanas.
8. Mr. Shah, learned counsel for the Petitioner in Writ Petition (L)
No.21694 of 2025 fairly informs the Court that in so far as his clients are
concerned none of his clients are undertaking any feeding activities, after the
ban was introduced by the Municipal Corporation and an undertaking to that
effect is ready and willing to be filed by the Petitioners. Similar position has
been taken by Mr. Pandya who appears in Writ Petition (L) No.21199 of 2024
Meera Jadhav
6/10 905-906-wpl-21199-25&anr.doc
that in no manner whatsoever, any feeding is undertaken and/or the
congregation of pigeons encouraged. Both the learned counsel for the
petitioners fairly stated that they would await the hearing of the proceedings on
7th August 2025. It is submitted that their clients are in the process of gathering
proper materials so that the larger issues they intend to canvass in the
proceedings can be placed for consideration of the Court.
9. On the other hand, Ms Adhate, learned counsel for the Municipal
Corporation has placed on record an affidavit of Mr. Vitthal Jadhav, Senior
Architect Development Plan Department (Heritage) to contend as to what
would be the heritage features of the Kabutarkhana as identified by the
Heritage Committee. The reason being a concern was raised whether in the
facts and circumstances of the case, it would be appropriate to remove the
railings of the surrounding the fountain, where the kabutarkhana is been
maintained and make the congested area open and available for traffic. It
appears to be not in dispute, insofar as the Dadar Kabutarkhana is concerned, a
metal water fountain was gifted by Shri Velanji Ratanshi in the year 1933 to
provide drinking water facility to the public at large. However, later on it
appears that the same came to be converted to a place where pigeons can be fed
and the original purpose with which such fountain was installed, faded into
insignificance and what gathered popularity was feeding of the pigeons at such
place.
10. Be that as it may, we do not intend to delve on such issues at this stage of
the proceedings on the issue of what is the civil (constructed) part of these
Meera Jadhav
7/10 905-906-wpl-21199-25&anr.doc
structures, and as to what is protected and what cannot be removed by the
Municipal Corporation. Suffice it to observe that the major concern today is
again of the most vital aspect namely the safety and predominance of
human/public health from the menace created by the congregation of pigeons
in the Kabutarkhanas in question. The congregation and feeding which is now
not permitted by the Municipal Corporation.
11. The concern raised by the Municipal Corporation is of some persons
still illegally indulging in the activity of feeding the pigeons and in what
manner we do not know. Ms Adhate has also placed on record a photographs
that when the Municipal Officers are on the site discharging their duties to
achieve such public good, they were prevented by certain persons from
discharging their official duties. She also has a videograph. She submits that to
this effect NCR No.1135/2025 was registered with the Dadar Police Station
under Section 221 of the Bhartiya Nyaya Sanhita 2023 (BNS) against such
persons who are in fact indulging in illegal feeding of the pigeons and
obstructing the discharge of the public duty by not paying when called upon to
deposit a fine of Rs.500/-.
12. Ms Aadhate has also placed on record a compilation of photographs
which clearly show the serious health hazard being created by the pigeons
coming to the place and congregating at the Kabutarkhana as food grains are
thrown and made available to the pigeons at this place. We take the
photographs on record.
13. Given the state of affairs, which has been brought to our notice, we find
Meera Jadhav
8/10 905-906-wpl-21199-25&anr.doc
that merely lodging of a non cognizable report under Section 174 of the BNS is
certainly not sufficient. As noted earlier, the issue at hand is one of public
health and the grave and potential health hazard to the public at large i. e. for
the human health of infants / children to the elderly. This is now compounded
with an emerging situation of utter disregard for law, by those who defiantly
continue to feed pigeons in the teeth of our earlier order rejecting pleas
supporting any such feeding and congregation of pigeons and now obstruction
to the civic officials from discharging their duties in this regard.
14. In our opinion and as rightly submitted by Mrs. Deshmukh, the
Learned Additional Public Prosecutor, such conduct would also attract offences
under Sections 2701, 2712 and 2723 of the BNS 2023. Thus given that the
officers of the Municipal Corporation are brazenly being prevented from
discharging their lawful duties, we find that the Municipal Corporation would
be wholly justified and infact ensure that any person who continues to act in
defiance / violation of the orders issued by the Corporation, would also attract
prosecution to be lodged under the said provisions of the BNS.
15. 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
endange humand life. Such acts undoubtely expose the public at large and
1 Public Nuisance
2 Negligent act likely to spread infection of disease dangerous to life
3 Malignant act likely to spread infection of disease dangerous to life.
Meera Jadhav
9/10 905-906-wpl-21199-25&anr.doc
particularly those who dwell or occupy property in the vicinity, to an eminent
danger from the spread of infections / diseases dangerous to human life, in
addition to causing a large scale public nuisance. We thus issue the following
directions :
i) The Municipal Corporation shall take all the necessary
steps and implement strict measures as they may deem
appropriate to stop the congregation of pigeons at the
various Kabutarkhanas across the city.
ii) The Municipal Corporation shall also install
sophisticated CCTV cameras wherever required in addition
to deputing beat marshals/officers of the Municipal
Corporation at all the sites where pigeon feeding continues
to take place.
iii) The beat marshals/officers shall also ensure that people
living in the vicinity do not throw grains/bird seed from
their respective houses or properties.
iv) We also direct that appropriate police personnel are
deployed to ensure that pigeon feeding is not carried out in
defiance of the directives issued by the MCGM. In addition
to ensuring that law and order is maintained and the beat
marshals/officers of the Corporation are not prevented from
carrying out their duties.
v) We permit the Designated Municipal Officer to lodge
appropriate criminal complaints alongwith all the
appropriate photographs or videographs with the officer in-
charge of the Dadar Police Station or the other Police
Stations in respect of the other Kabutarkhanas as observed
by us.
vi) We also permit the Municipal Corporation to cordon off
Meera Jadhav
10/10 905-906-wpl-21199-25&anr.doc
and cover the Kabutarkhanas with an appropriate materials
to ensure that there is no congregation of the pigeons at one
place .
vii) We also direct the Municipal machinery to maintain
hygiene and cleanliness at this Kabutarkhanas so that there
is no nuisance to the public at large.
16. Let the compliance of the above be informed to the Court on the
adjourned date of hearing.
17. We are in fact surprised as to why despite our clear orders the Municipal
Corporation did not point out the correct position until the newspapers were
required to make such reports which appear to be indisputed, and that too
when the interest of the health of the citizens is at stake.
18. We accordingly adjourn the proceedings to the scheduled returnable
date, i.e. 7th August 2025 when we shall proceed to hear the parties and pass
further orders on the present proceedings.
19. Ad-interim orders granted earlier to continue until the adjourned date of
hearing.
[ARIF S. DOCTOR, J.] [G.S. KULKARNI, J.)
Signed by: P.V.Rane
Designation: PS To Honourable Judge Meera Jadhav
Date: 30/07/2025 22:08:03
