Howsoever, much one may want to feed birds and animals, the same would obviously have to bed one in a manner as not to cause nuisance to the neighbours or other residents, the Court observed.
People who keep animals and birds as their pets in their homes may take note of this Bombay High Court judgment which has upheld an order by lower court wherein it had restrained feeding of birds and animals in a way causing nuisance to neighbours and other residents. Justice R.M. Sawant has observed that people who want to feed birds and animals, should do so in a manner as not to cause nuisance to the neighbours or other residents.
Jigeesha Thakore used to feed birds from their balcony. Her neighbours, Dilip Sumanlal Shah and Meena Dilip Shah moved court seeking an order of injunction permanently restraining her from creating nuisance to them and other occupants of the building by feeding the birds with water and grains or such eatables from their balcony. The court granted temporary injunction and the Mrs. Thakore challenged the said order by filing writ petition before the High Court.
Referring to photographs produced, the Court observed “the birds mostly pigeons flock together on the tray and some of them can be seen to be spilling over the adjoining balconies including the balcony of the Plaintiffs.The grievance of the Plaintiffs that on account of birds, there are bird droppings and grains also dropped in the balcony of the Plaintiffs, has substance. It is required to be noted that it is not only the Plaintiffs but also the office staff of the Defendant No.3 Society who has complained in respect of the grains falling from the tray and the bird droppings.It would also have to be presumed that the birds are habituated to being fed from the tray and therefore must be flocking there in large numbers.The flocking of the birds obviously has the effect of generating noise on account of the flapping of their wings and the humming noise which the pigeons usually make.”
Refusing to interfere with the Trial Court order, the High Court observed “Nobody can have a grievance about her he love for birds and animals.The question is whether she is entitled to feed the birds by placing a tray below her balcony window so as to cause nuisance to the other members of the Society in which she is residing. Howsoever, much one may want to feed birds and animals, the same would obviously have to be done in a manner as not to cause nuisance to the neighbours or other residents. “
Read the Judgment here.