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Time of India
an hour ago
- General
- Time of India
Feeding of pigeons causing nuisance, posing health risk to people, says HC; allows FIR filing
Mumbai: The Bombay High Court on Wednesday said feeding of a congregation of pigeons was an act causing a public nuisance and also posed a health hazard to people, and directed the Mumbai civic body to file FIRs against persons engaging in such an activity. A bench of Justices G S Kulkarni and Arif Doctor, while hearing a petition filed by a group of animal enthusiasts, noted the issue at hand is one of public health and the grave and potential health hazard to people of all ages at large. The court had earlier this month restrained the Brihanmumbai Municipal Corporation (BMC) from demolishing any of the old heritage 'kabutarkhanas' (pigeon feeding spots) in the metropolis, but had said it cannot permit feeding of these birds. Despite the denial of permission, it has been found people continue to feed pigeons at these 'kabutarkhanas', the court noted on Wednesday. "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 civic officials from discharging their duties in this regard," the bench observed. The HC then asked the BMC to penalise those feeding pigeons in defiance of its directives. "We accordingly permit the municipal corporation to lodge prosecutions against any person/s who continues to feed pigeons in defiance of the directives issued by the MCGM (Municipal Corporation of Greater Mumbai) since such acts would, in our unhesitating view, constitute a public nuisance and likely to spread diseases and endanger human life," the HC said noted. "Such acts undoubtedly expose people at large and particularly those who dwell or occupy property in the vicinity (of pigeon feeding spots) to an eminent danger from the spread of infections/diseases dangerous to human life, in addition to causing a large scale public nuisance," it insisted. The municipal corporation shall take all necessary steps and implement strict measures as they may deem appropriate to stop the congregation of pigeons at the various 'kabutarkhanas' across the metropolis, the bench maintained. The court noted that the major concern today is again of the most vital aspect -- namely the safety and predominance of human health from the menace created by the congregation of pigeons in the kabutarkhanas in question. The HC was hearing the petition by animal lovers Pallavi Patil, Sneha Visaria, and Savita Mahajan, who claimed the BMC began demolishing 'kabutarkhanas' from July 3 without legal backing. They argued the BMC's act violated the Prevention of Cruelty to Animals Act.
News18
4 hours ago
- News18
Feeding Pigeons In Mumbai Now Can Land You In Legal Trouble. Here's Why
The Bombay High Court ordered the Brihanmumbai Municipal Corporation to file FIRs against people feeding pigeons in public places, citing public nuisance and health hazards. Now, feeding pigeons on Mumbai streets and public places would be deemed as a punishable offence, as the Bombay High Court has directed the Brihanmumbai Municipal Corporation (BMC) to file FIRs against individuals who continue to feed pigeons in public despite a civic ban. A bench of Justice G S Kulkarni and Justice Arif Doctor, while hearing a petition filed by a group of animal enthusiasts on Wednesday, said the act is causing a public nuisance and also poses a health hazard to people of all ages at large, news agency PTI reported. The court had earlier this month restrained the Mumbai civic body from demolishing any of the old heritage ' kabutarkhanas ' (pigeon feeding spots) in the metropolis, but had said it cannot permit feeding of these birds. Despite the denial of permission, it has been found that people continue to feed pigeons at these places. 'Despite clear directives which are sought to be implemented very rigorously, and the court refusing to grant any stay on such directives of the BMC, it appears to be rampant that the feeding of pigeons at these prohibited places has continued unabated," the HC observed. '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 civic officials from discharging their duties in this regard," observed the court while passing the order. The High Court also directed the BMC to penalise those feeding pigeons in defiance of its directives. 'We accordingly permit the municipal corporation to lodge prosecutions against any person/s who continues to feed pigeons in defiance of the directives issued by the MCGM (Municipal Corporation of Greater Mumbai) since such acts would, in our unhesitating view, constitute a public nuisance and likely to spread diseases and endanger human life," the High Court noted. 'Such acts undoubtedly expose people at large and particularly those who dwell or occupy property in the vicinity (of pigeon feeding spots) to an eminent danger from the spread of infections/diseases dangerous to human life, in addition to causing a large-scale public nuisance," it asserted. The civic body shall take all necessary steps and implement strict measures as they may deem appropriate to stop the congregation of pigeons at the various ' kabutarkhanas ' across the metropolis, the bench maintained. The matter relates to petitions filed by animal lovers Pallavi Patil, Sneha Visaria, and Savita Mahajan, who had challenged the demolition of kabutarkhanas. It was argued that the move violated the Prevention of Cruelty to Animals Act. However, the court rejected the plea and observed, 'The safety and predominance of human health cannot be compromised due to such unchecked and unlawful congregation of pigeons." view comments First Published: Disclaimer: Comments reflect users' views, not News18's. Please keep discussions respectful and constructive. Abusive, defamatory, or illegal comments will be removed. News18 may disable any comment at its discretion. By posting, you agree to our Terms of Use and Privacy Policy.
Scroll.in
7 hours ago
- Health
- Scroll.in
Mumbai civic body can file FIRs against those feeding pigeons despite ban, says HC
The Bombay High Court on Wednesday said that the Brihanmumbai Municipal Corporation can register first information reports against those who continue to feed pigeons despite directives against it. A bench of Justices G S Kulkarni and Arif Doctor, in response to petitions by animal welfare activists, said that the subject at hand was that of a public health hazard affecting children and the elderly. The High Court allowed the municipal corporation to file cases against those feeding pigeons under sections of the Bharatiya Nyaya Sanhita pertaining to public nuisance, negligent acts likely to spread infectious diseases and malignant acts likely to spread life-threatening diseases. Play The court took note of news reports and photographs of the Dadar kabootarkhana, or pigeon feeding spot, and said that they were quite 'telling' that the matter needed immediate action. The counsel for the municipal corporation also said that in some cases, pigeon feeders were refusing to pay fines when caught by civic officials. The court said this showed that merely filing non-cognisable reports against violators was not sufficient. '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 civic officials from discharging their duties in this regard,' the bench said. In addition to allowing the municipal corporation to file FIRs against violators, the court told the civic body to install closed-circuit television cameras at places where pigeon feeding was still taking place. The bench verbally said that if pigeon feeders 'don't want to follow the rule of law, then the law should catch up with them', The Indian Express reported. The case will be heard further on August 7. On July 3, the Maharashtra government told the Brihanmumbai Municipal Corporation to begin the process of shutting down pigeon feeding points in the city. The High Court, however, told the civic body not to demolish heritage kabootarkhanas.
Hindustan Times
3 days ago
- Business
- Hindustan Times
‘Colossal misuse of authority': HC orders inquiry into 935 Mhada redevelopment notices
MUMBAI: Calling it a 'colossal misuse' of authority, the Bombay high court on Monday appointed a two-member committee to investigate a 'racket' involving engineers from the Maharashtra Housing and Area Development Authority (Mhada) illegally issuing 935 redevelopment notices to old buildings in prime locations in the city. MHADA Office at Bandra Internet photo A division bench of justice GS Kulkarni and justice Arif Doctor ruled that Mhada's executive engineers had issued these notices without jurisdiction as they had vested interests in the properties, which are located in upmarket areas in south Mumbai, such as Banganga Road, Walkeshwar, Gamdevi Road, BG Kher Marg, and Nepean Sea Road. The inquiry will be conducted by a two-member committee headed by justice (retired) JP Deodhar, a former judge of the Bombay high court, and retired principal district judge Vilas D Dongre. The committee has been asked to submit its inquiry report within six months. The court issued the orders after hearing a bunch of petitions challenging the redevelopment notices issued by Mhada to hundreds of cessed buildings that it had deemed dangerous and dilapidated. The petitions claimed that executive engineers from the Mumbai Building Repairs and Reconstruction Board (MBRRB), a statutory unit of Mhada, had issued the notices without jurisdiction and based on only a 'visual inspection,' without conducting a structural audit of the buildings. The entire controversy revolves around section 79-A of the Mhada Act, which allows Mhada to initiate the redevelopment of dangerously dilapidated cessed buildings if neither the owner nor the tenants take the necessary steps within a specified timeframe. Earlier this month, the court had observed that an executive engineer in Mhada had no jurisdiction to issue the redevelopment notices, adding that their action appeared to be high-handed. Calling the matter serious, the court held that the notices were issued to give an undue advantage to certain people, while curtailing the rights of the owners and tenants of the cessed buildings. 'This would amount to a brazen misuse of the powers and authority vested with the concerned officers of Mhada at whichever level, we do not know', the bench said. Citing a 2024 judgement, the bench stated that section 79-A of the Mhada Act can be invoked only if a building is first declared dangerous by the Brihanmumbai Municipal Corporation (BMC) or a competent authority. It had held that executive engineers have no independent power to issue such notices. Advocates NV Walawalkar, GS Godbole and Surel Shah, appearing for the petitioners, submitted that Mhada had not vested any jurisdiction whatsoever in the officers who issued such notices. Even assuming the appropriate authority was involved, under Section 79-A, the notices could not have been issued based on just a 'visual inspection' of the buildings concerned, the petitioners argued. On the other hand, senior counsel PG Lad, representing Mhada, referred to provisions of the Mhada Act which showed that it was 'the primary responsibility of the board to repair the cessed buildings.' Considering the large number of prime properties being adversely affected, the bench stated that the matter has 'gathered the colour of a racket/scam' by misusing the provisions of law. It noted that the redevelopment of the properties had been ordered at the behest of 'unscrupulous persons with vested interests' who intend to take advantage of the fact that the buildings are old. The consequences of issuing such notices without the jurisdictional requirements are 'horrendous to say the least,' the bench said. Noting that the redevelopment of cessed properties involves floor space index incentives, which is 'a bonanza for commercial exploitation,' the court stated that the vested interests in these properties can be worth a fortune. 'The statutory machinery being misused for such ulterior motives and for windfall of benefits is a matter of serious concern. It is beyond one's imagination as to how, in such large numbers, the impugned notices under Section 79-A could at all be issued,' the court said. Expressing concerns over the board's actions, the court held that if accepted, it would amount to rewriting legislative provisions and recognising a regime of colossal arbitrariness and abuse of powers. 'The pattern is quite unique. It appears to be quite clear that these notices are issued wholly without jurisdiction. We may also observe that the petitioners' case being of an extreme, unfortunate and blatant abuse of the powers by these officers,' the court added.
Hindustan Times
21-07-2025
- Business
- Hindustan Times
HC asks MHADA to finalise long pending redevelopment plan
MUMBAI: The Bombay high court recently directed the Maharashtra Housing and Area Development Authority (MHADA) to finalise the redevelopment plan of a dilapidated building, Kalyan Bhavan, in south Mumbai that has been pending since 2023. HC asks MHADA to finalise long pending redevelopment plan The conflict dates back to 2023 when Kalyan Bhavan, a building situated on Kalbadevi Road in south Mumbai, was declared dilapidated and unsafe to live in. Following this, MHADA issued a notice to the landlord in May 2023, directing him to submit a redevelopment proposal within six months with the consent of 51% of the tenants of the building. The landlord of Kalyan Bhavan submitted a redevelopment proposal on June 4, 2024, after which MHADA issued a letter of intent (LoI) to him, finalising the redevelopment plan. Challenging MHADA's decision, the tenants approached the Bombay high court in November 2024, pleading to quash the proposal presented by the landlord, stating that he had missed the deadline. They claimed that an amendment to the MHADA Act made in 2022 gives the tenants the right to redevelop a building in case the landlord fails to take any action within the stipulated timeframe. The high court observed that the tenants' proposal must be taken into consideration, as the landlord had not met the legal timelines. With no progress in the matter, the tenants approached the Bombay high court again in 2025, urging the court to direct MHADA to finalise their proposal. The division bench of justices G.S. Kulkarni and Arif Doctor on July 9 directed the MHADA to finalise a redevelopment plan after reviewing the proposals of both parties, within 15 days. While noting that the MHADA had already started a demolition drive, the court urged the tenants to cooperate with the ongoing demolition and vacate the premises, allowing the MHADA to redevelop the building.
