The Bombay High Court on Thursday directed renowned pulmonologist Dr Sujeet Rajan to provide an expert medical opinion on the potential health hazards posed by pigeon droppings and feathers at public feeding zones (Kabutarkhanas) across Mumbai.

A Division Bench of Justices GS Kulkarni and Arif S Doctor instructed Dr Rajan to examine existing medical evidence, including an affidavit filed by Dr Amita Athavale, Head of Pulmonary Medicine at KEM Hospital, and submit his report within 10 days.

The direction came while hearing two petitions filed by animal rights activists challenging the Brihanmumbai Municipal Corporation’s (BMC) decision to dismantle Kabutarkhanas. The petitioners sought protection of citizens’ right to feed pigeons in public areas.

Emphasising the primacy of human health, the Court observed:

“There cannot be anything more vital than human health, and if there is any hazard or potential for hazard caused by breeding and congregation of pigeons at Kabutarkhanas, it is undoubtedly a matter of grave social concern. When steps are being taken in the interest of public health based on modern research and empirical data, can such action really be termed illegal?”

At a previous hearing, the Court had refused interim relief to the petitioners but had asked the BMC to respond. In its affidavit, the BMC relied on Dr Athavale’s medical findings, which cited scientific literature and case studies linking pigeon exposure to serious respiratory illnesses such as asthma, hypersensitivity pneumonitis, and interstitial lung disease.

During Thursday’s hearing, the Animal Welfare Board of India—also a respondent—sought to submit suggestions for the protection of pigeons following the closure of Kabutarkhanas.

An intervener further highlighted the death of a Senior Advocate allegedly caused by a lung condition attributed to long-term exposure to pigeon droppings.

The Court made it clear that the issue should be approached from the lens of public health, not as a confrontational legal dispute. It permitted the petitioners to file rejoinders and allowed the Animal Welfare Board to place its recommendations on record.

It also instructed the court registry to forward all medical material to Dr Rajan and listed the matter for further hearing on August 7.

The interim directions issued earlier—prohibiting the use of firecrackers by municipal staff to disperse pigeons—will continue to remain in force.

Appearances:

• For petitioner Pallavi Sachin Patil: Advocates Harish Pandya, Malhar Zatakia, Rohit Agarwal, Rajesh Bhavsar (instructed by Dhruv Jain)

• For petitioner Gunvatrai Maganlal Shah: Advocates Praful Shah, Yakshay Chheda (instructed by SSB Legal & Advisory)

• For BMC: Advocate Rupali Adhate with Rutuja Bodake and Pushpa Yadav (instructed by Komal Punjabi)

• For the State: Additional Government Pleader Manish Upadhye