SC refuses to intervene in Bombay HC ban on feeding of pigeons in ‘kabutarkhanas’

The Supreme Court on Monday refused to intervene in a petition challenging a Bombay High Court order directing the Brihanmumbai Municipal Corporation (BMC) to register criminal cases against individuals feeding pigeons in “kabutarkhanas” (pigeon feeding spots) in the city.

A Bench of Justices J.K. Maheshwari and Vijay Bishnoi said the proceedings were pending in the High Court, and the top court did not want to commence a parallel hearing.

“After hearing, in our view, the proceedings are pending before the High Court and the merit of the case is under consideration. In such a situation, parallel indulgence by this court is not proper. Therefore, we are not inclined to entertain the present special leave petition. Accordingly, the petition is dismissed,” the court recorded in an order.

However, the court observed that the dismissal of the petition would not debar the petitioners, Pallavi Patil, Sneha Visaria and Savita Mahajan, to move an application for modification of the order, if any, in the High Court.

Health hazard

The High Court order was based on concern for public health. The court had reasoned that the public feeding of pigeons was a grave and potential health hazard to people of all ages at large.

The court had previously restrained the BMC from demolishing any of the old heritage kabutarkhanas in the metropolis, but refused to allow feeding of the birds.