The Bombay High Court took cognizance of the serious health hazards posed by pigeon droppings in urban areas, particularly from pigeon-feeding zones known as Kabutarkhanas. The Bench comprising Justices G.S. Kulkarni and Arif S. Doctor raised concerns about the health implications of uncontrolled pigeon breeding and feeding practices in Mumbai.
The Court recorded the affidavit submitted by Dr. Amita Athavale, Head of Pulmonary Medicine and the Environmental Pollution Research Centre at KEM Hospital, which detailed the link between pigeon exposure and serious respiratory illnesses, including acute interstitial pneumonitis, hypersensitivity pneumonitis, and asthma particularly in children. The affidavit relied on scientific literature and patient data, asserting that antigens in pigeon droppings and feathers could trigger chronic lung diseases.
Both petitioners’ counsel informed the Court of their intention to file rejoinders contesting the medical claims. Simultaneously, the Animal Welfare Board of India (AWBI) sought permission to suggest mitigation strategies that would protect both human health and animal welfare following the potential closure of Kabutarkhanas. The Court allowed the AWBI to submit its recommendations to the MCGM and to the Court.
The Court also permitted an intervention application filed by Advocate Anand Ratnakar Pai, son of Shri Ratnakar Pai, who recently died of Interstitial Lung Disease allegedly linked to prolonged exposure to pigeons. Highlighting this personal loss, the Court emphasized the broader societal implications of pigeon-related health hazards.
Observing that the matter should not be treated as an adversarial proceeding, the Court stressed the primacy of public health under Article 21 of the Constitution and noted that any action taken by the MCGM based on scientific evidence and empirical study could not be deemed arbitrary or illegal. The Court referred to Adarsh Chowpatty Pragati Mandal v. State of Maharashtra, Writ Petition No.2197 of 1998, which similarly underscored the health risks of Kabutarkhanas and recommended dismantling them based on expert medical opinion.
To further assist the Court, Dr. Sujeet Rajan whose earlier expert report was relied on in the 2018 judgment has been requested to submit updated comments and medical findings within 10 days, based on the affidavit filed by Dr. Athavale. The Registry has been directed to facilitate the same.
The matter has been listed for further hearing on August 7, 2025, with interim directions, including a ban on the use of firecrackers to disperse pigeons, to remain in effect.
Appearances:
Petitioners: Mr. Harish Pandya a/w Mr. Malhar Zatakia Mr. Rohit Agarwal, Mr. Rajesh Bhavsar 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. J. P. Cama, Sr. Adv. a/w Party in Person Mr. Anand Pai i/b Mr. Sahil Sayyed for Applicants/Intervenors.
Ms. Rupali Adhate a/w Ms. Rutuja Bodake, Ms. Pushpa Yadav i/b Ms. Komal Punjabi for BMC.
Dr. Athavale, Professor, Head Pulmonary Medicine and EPRC KEM, Hospital
Mr. Dhairyasheel Pawar, AE Maintenance and G/N Ward, Mr. N. Bhoir, AE SWM, G/N, Mr. Vitthal Jadhav ( Heritage Dept.) present.
Respondent: Mr. Manish Upadhye, AGP for State.
Ms. Manisha T. Karia, Sr. Adv. a/w Mr. Vishal Navale for Respondent No. 3 in WPL/21199/2025.
Mr. Ashutosh Misra for UOI, Respondent No. 4 in WPL/21199/2025