India
On Monday, the Supreme Court gave decision that a person cannot feed birds from a flat's balcony creating nuisance due to droppings and filth for other occupants in a residential society.
Updated : Mar 19, 2019, 07:04 PM IST
On Monday, the Supreme Court gave decision that a person cannot feed birds from a flat's balcony creating nuisance due to droppings and filth for other occupants in a residential society.
The decision from the top court came when it refused to interfere with an order restraining a woman from feeding birds from her balcony flat in a high rise building in Mumbai.
"If you are living in a residential society, then you have to conduct yourself according to the norms," said a bench of Justices U U Lalit and Indu Malhotra. Counsel appearing for petitioner Jigeesha Thakore said it was not a case of nuisance but of strained business relations between the parties concerned due to which a civil suit was filed against her in the lower court. The bench said in a recent order that the Bombay City Civil Court on September 27, 2013 had granted interim injunction by which it had restrained the woman from feeding the birds from the balcony of her flat.
As soon as the news was shared on micro-blogging site Twitter, people can't stop 'praising' the top court for giving decision on this case rather than focusing on important cases.
"I am sure none of the SC judges live in a flat or will ever live in one after their cushy retirement hence it is easy to pass judgment on something that has no chance to affect you", wrote one of the user.
"And for this SC have time. No wonder to see how important cases are pending for so long", wrote the another user.
देश के सबसे महत्वपूर्ण मुद्दे पर फैसला कोर्ट ने आखिरकार दे ही दिया
— Chowkidar Prakash Singh (@PHindu12) March 19, 2019
Wow! Historic Decision by Honorable Supreme Court!
— Abhay (@ImAbhayR) March 19, 2019
This is an extremely important issue and SC shld appoint a 100 member bench to look into this...
— Chowkidar Punditry (@flukypunditry) March 19, 2019
Also I will request Shri Pappu Bhosada Ji to pressurize govt to form a JPC to investigate this matter
Such cases are of top priority for Supreme Court.
— anamika (@ana9mika) March 18, 2019
But when it comes Ram mandir, they dont have any time.#Shame
Good God this is the Supreme Court?? Don't they have any better work to do?? Why are these judges paid the kind of money they are for this mornonry??
— Mee(@meelogsin) March 19, 2019
And for this SC have time. No wonder to see how important cases are pending for so long.
— Abinash singh (@Abinash7656791) March 19, 2019
SC का इस अतिमहत्वपुरण मुद्दे पर फैसला देने का मैं स्वागत करता हु।
— AmitSharma ( चौकीदार (@AmitAttri_) March 19, 2019
ये फैसला उन लोगो के मुँह पे तमाचा है जो कहते है कि SC के पास देश के महत्व के मुद्दों पर फैसला देने का समय नही है।
SC का आभार - साथ ही उन जजो का भी जिन्होंने अपना कीमती समय इस मुद्दे के ऊपर लगाया।#SupremeCourt
From now on there should be some lottery system according to which cases should be heard.
— har har mahadev (@tripathipawan03) March 19, 2019
Good to see the SC focusing on the REAL issues of the country... they really have the pulse of the nation
— Mukund Chamri (@mchamria) March 19, 2019
MeeLoads at Work.
— चौकीदार अगस्त्य (@deepeed1) March 19, 2019
Feeding birds in balcony is crime but keeping them caged for selling, just 4.1 Km away from Honorable SC is okay. pic.twitter.com/QhOdSM9cXW
— Chowkidar Nattha (@theFirstHandle) March 19, 2019
How about feeding from window?
— चौकीदार Bharat Baranwal (@BharatBaranwal) March 19, 2019
It noted that when the civil court order was challenged by the woman before the Bombay High Court, it had refused to interfere and made the interim injunction as absolute by dismissing the appeal on July 12, 2016. "In the circumstances, we see no reason to interfere in the matter. The special leave petitions are dismissed," the bench said while directing the civil court to dispose of the pending suit as expeditiously as possible. In 2011, Dilip Sumanlal Shah and Meena Shah residing in the 10th floor of an apartment in Worli, moved the civil court against Thakore and her family members residing on the 14th floor.
The Shah family sought injunction against the Thakore family for creating nuisance for them and other occupants of the building by feeding birds with water and grains from her balcony. The 20-storey co-operative housing society had also moved court against Thakore family seeking direction to restrain them from feeding the birds from the balcony of their flat. In their plea before the civil court, Shah family contended that Thakore family has installed a metal platform outside their balcony window.
They argued that a large number of birds flocked the platform causing nuisance due to droppings and filth. Shah family argued that Thakores' start bird feeding at 6.30 am in the morning which is done several times in the day till evening. The society had requested the Thakores' to use the public places designated for feeding birds and passed a resolution that no member will be allowed to feed birds from their balconies or windows.Thakores' in their reply to the civil suit by Shah had contended that they were animal welfare activist and associated with an NGO since 1998 and ran a dog.shelter.
They said that Shahs used to be regular supplier of medical and surgical equipments to the NGO but their relations turned sour. They said was not possible to feed birds on the ground level as they could come under a car or be attacked by some cats and dogs.
(Inputs from PTI)