The Mumbai City Civil Court passed an order restraining the family of an animal activist from feedings birds on their balcony. The complaint was filed by Dilip Shah and his wife who reside in Worli’s Venus Cooperative Housing Society, directly below the flat of Jigisha Thakore and Padma Thakore, who were feeding the birds.
The complainant claimed that the Thakore family built a platform for the purpose of feeding the birds, which meant that some of the grain, as well as the insects that the birds carry, was dropped into their balcony. The complaint elaborated that bird droppings would fall from the balcony above, generating a foul odour.
The Shah family reportedly developed skin issues due to the bird droppings on their balcony in addition to the general discomfort due to the chirping of birds.
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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,” City Civil Judge, AH Laddhad noted.
The court, however, was also sympathetic towards the “compassionate deed” of the defendant, adding that it 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.”
In response to the suit filed against them, the Thakore family said that the applicant and their domestic help would hit the metal tray above to shoo off the birds, adding that this is a crime under the Prevention of Cruelty to Animals Act, 1960.
The defendants also said that they have been requesting the housing society to provide a separate location to feed the birds, but no progress has been made on that front.
“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,” the court observed.
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