The Bombay High Court on Thursday clarified that it has not passed any order directing the closure of kabutarkhanas (spots to feed pigeons) in Mumbai, but “human health is of paramount importance”.

A Division Bench of Justices G.S. Kulkarni and Arif Doctor noted that it had only refrained from staying the order of the city’s civic body directing the closure of such spots and it would consider appointing a committee of experts to study the matter and submit recommendations to the State government.

“It was the BMC’s (Brihanmumbai Municipal Corporation) decision that was challenged before us. We did not pass any order. We only did not grant any interim relief [to the petitioners],” the Bench stated.

The court was hearing a bunch of petitions filed by people who feed pigeons challenging the BMC’s decision to close the spots.

‘Need balance’

“If something affects the larger health of senior citizens and kids, then it should be looked into. There has to be a balance. We are only concerned about public health. There is nothing adversarial in this,” the Bench observed.

On Wednesday, protesters clashed with police personnel while trying to remove a tarpaulin sheet put up by the BMC to cover a kabutarkhana in Dadar.

Posting the matter for further hearing on August 13, the court asked the Advocate General of Maharashtra to remain present so that it may formally pass an order on setting up the expert committee.