Justice RM Sawant, while upholding a 2013 order passed by a city civil court, which directed a couple living in a multi-storied building in Worli to stop feeding birds and animals on their balcony, directed them to remove the iron tray they had built for feeding.
The Bombay High Court has said that if housing society members feeding birds and animals on their balconies causes nuisance to the neighbours, it should be stopped.
Justice RM Sawant, while upholding a 2013 order passed by a city civil court, which directed a couple living in a multi-storied building in Worli to stop feeding birds and animals on their balcony, directed them to remove the iron tray they had built for feeding.
Dilip and Meena Shah are occupants of flat E/14 in Venus society. The complainant Jigeesha Thakhore lives below the Shahs. Thakhore had moved court, asking for directions to Shahs to remove the feeding tray and stop the feeding. The argument of "nuisance" was supported by the society, which passed a resolution, and by other society members. However, Shahs contended that a civil court cannot decide on society issues and it should go before the cooperative court. They also said that they have shifted the tray to a different location in the balcony and it would not cause nuisance anymore.
Meena is an animal welfare activist and honorary secretary of the All-India Animal Welfare Association and managing trustee of the charitable trust Vatsalya. The couple also argued that Thakhore has raised the objection now due to personal enmity.
After going through the pictures and records, the court held, "There is enough material at the prima facie stage to indicate that on account of bird feeding, nuisance is caused to plaintiff and other society members."
On request of the plaintiff, the Shahs have been restrained from feeding birds and animals on their balcony.
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