Injunction imposed on feeding birds from balcony resulting in nuisance held valid

bombay-hc

Bombay High Court: While deciding an appeal against order of the Trial Court, imposing an injunction on feeding of birds resulting in nuisance, the single judge bench of R. M. Savant J., reiterated the principle that, a person cannot use his personal premises for causing nuisance to his neighbours and other residents and held that the order, did not call for any interference as it was based on well settled principle.

The plaintiffs and the defendants were the residents in an apartment of residential society in Mumbai. The defendants regularly fed birds from their balcony which resulted in nuisance on account of the filth created by the birds, affecting the plaintiffs along with other members of the society, and any attempt of resolving the issue amicably had failed. In the matter before the Trial Court, the defendants had questioned the jurisdiction of Court in deciding the matter under the Civil Procedure Code and the Maharashtra Co-operative Societies Act, 1980 and had filed a writ petition for the same.

Having examined the photographs and correspondence put before the Court, it was held that the acts of the defendants formed a prima facie case of nuisance. The Court also observed that order of the trial court, for removable of the metal tray used for feeding the birds was incidental to the relief sought by the plaintiffs, Further, the delay in filing the suit had not created any right in favour of the defendants and there was nothing of record to question the conduct of the plaintiffs. It was held by the Court that the matter of jurisdiction would only be decided in the writ petition filed by the defendants. The order of the trial court, being based on well settled principles for granting temporary injunction, did not call for any interference, as the use of personal premises for causing nuisance cannot be permitted. Therefore, the appeal from the order was dismissed. [Jigeesha Thakore v. Dilip Sumanlal Shah, 2016 SCC OnLine Bom 4785, decided on 12/07/2016a

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