Feeding birds from balcony is nuisance to neighbours: Mumbai court

The Mumbai city civil court recently restrained the family of an animal activist from feeding birds from the balcony of their house in Worli, holding that it was a nuisance to neighbours

The Mumbai city civil court recently restrained the family of an animal activist from feeding birds from the balcony of their house in Worli, holding that it was a nuisance to neighbours.

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“The grains may contain insects and the fact that when the birds come for eating grains, their droppings and humming sound, that too thrice a day, would be a nuisance for any reasonable man and particularly to the neighbour,” said city civil judge AH Laddhad.

The court, however, added, “No doubt the act of defendant (the animal activist) of feeding birds and other creatures of nature is compassionate deed, which is highly appreciable and respectable, but at the same time, care needs to be taken that such act should not cause nuisance to human beings, more particular neighbours,” the court added.

Dilip Shah and his wife, residents of Venus Cooperative Housing Society in Worli, filed a suit against Jigisha Thakore and Padma Thakore, who resided in a flat just above them. The couple, in their 2011 suit, urged the court to restrain Thakores from feeding birds in the balcony of their flat. Shah claimed that Thakore had erected a platform outside their balcony to feed grain and water to birds and that the grains would fall in their house. The couple also claimed that pigeon droppings would fall on the window, causing foul smell and odour.

The applicants also said the grains fed to birds were full of insects, which would also fall in their balcony. They also claimed that apart from disturbing their sleep, the bird feeding was also leading to skin issues for them.

The application stated that Shahs had requested Thakore family to stop feeding birds in the balcony and the society had also passed a resolution restraining members from feeding birds in their balcony, but since Thakores were undeterred, the applicants were compelled to move the city civil court suing Thakores and the housing society.

Thakore family, in response to the suit, claimed Shahs and their domestic helps had been causing pain and suffering to the birds by hitting metal tray to shoo off the birds when they come to eat. This, Thakores claimed, is a crime under the Prevention of Cruelty to Animals Act, 1960.

They also claimed that since Shah and his servants hit the feed tray, the grains fell everywhere. This, they added, caused panic in birds. The defendants further added that they had been requesting the society to allot a special place for feeding birds but it has not been done.

The court after hearing both sides observed that, “This is really very unfortunate for the act of kindness the defendant has to beg. The society is also party to the present suit. If possible they should consider the request of the defendant by allocating particular place for bird feeding.”