In a significant interim relief, the Bombay High Court on Tuesday restrained the Brihanmumbai Municipal Corporation (BMC) from demolishing any of the city’s heritage kabutarkhanas—designated pigeon feeding spots—until further orders.
The division bench of Justices G S Kulkarni and Arif Doctor issued the directive while hearing a petition filed by citizens challenging the BMC’s move to shut down or curtail these traditional feeding areas, citing health hazards from pigeon droppings.
While granting the temporary reprieve from demolition, the court refused to permit pigeon feeding to resume twice daily, as sought by the petitioners. It observed that the corporation’s concern about human health must take precedence over feeding practices.
“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,” the bench noted in its order.
The court directed the BMC and the Maharashtra government to submit detailed affidavits presenting all medical or scientific evidence supporting the claim that kabutarkhanas pose a public health risk. It also directed that the dean of the civic-run KEM Hospital be made a party to the case, specifically requesting an affidavit from the head of the hospital’s pulmonary department regarding the impact of pigeon droppings on respiratory health.
The petitioners raised concerns over the potential demolition of several kabutarkhanas, some of which are recognized as heritage structures in Mumbai. They argued that the corporation’s actions threatened both cultural traditions and historic urban landmarks.
“We order that till the adjourned date of hearing, the old heritage kabutarkhanas be not demolished,” the court said, scheduling the next hearing for July 23.
