Delhi HC directs authorities for shifting all dairies from Bhalaswa to Ghogha

New Delhi [India], July 24 : The Delhi High Court has directed all statutory authorities including the Municipal Corporation of Delhi (MCD), Delhi Urban Shelter Improvement Board (DUSIB), the Government of National Capital Territory of Delhi (GNCTD) and Ministry of Housing and Urban Affairs (MoHUA), to the extent their sactions are required, to take immediate steps for shifting all the dairies from Bhalaswa to Ghogha Dairy Colony within a period of four weeks.
Delhi High Court further said that the dairy plots allottees in all these colonies have illegally converted the use of these dairy plots into commercial and residential uses. The said change in land use is without any sanction of law. The construction of the superstructure on these dairy plots is also without any sanction of law.
We have perused the December, 5, 1976 allotment conditions of DDA pertaining to allotment of cattle sheds in these dairy colonies. These dairy plots were exclusively to be used as cattle sheds with a prohibition on converting the shed into a dwelling unit. Therefore, no equities can be claimed by the occupants of these superstructures, clarified the Delhi High Court.
While passing the direction, Delhi High Court stated that in view of the inability of the statutory authorities including MCD and GNCTD to take action to stop the milch cattle from feeding on garbage from the sanitary landfills near Bhalaswa and Ghazipur, having considered the submissions of the counsel and having perused the correspondence of MoHUA, we find merit in the submission that since the estimate of land required for shifting of Bhalaswa Dairy Colony is 30 acres and admittedly, unutilised land to the extent of 83 acres is available in Ghogha Dairy
Colony.
The bench of Justice Manmohan and Justice Tushar Rao Gedela in an order passed on July 19, 2024 stated that the officers of MCD, DUSIB and GNCTD, whose names have been noted in this order shall be personally responsible for compliance with the directions issued in this order and shall file action taken reports under their name one day before the next date of hearing on August 23.
Earlier the Court issued several directions in regards maintaining hygiene in dairies colonies to ensure medical care of cattle kept therein and for use of spurious oxytocin and directed Chief Secretary of Delhi to file a detailed affidavit indicating the road map for the future of the nine dairy colonies.
Court earlier, also issued several directions stating, "Veterinary Hospitals be made functional forthwith near all designated dairies and Bio-gas plants be installed near all the nine authorised dairies in Delhi for creation of dry manure and biogas fuel/ Compressed Biogas (CBG) production at the earliest, preferably prior to onset of monsoon".
"FSSAI/ Department of Food Safety, GNCTD to ramp up testing and to conduct random sample checking of milk for presence of chemicals in dairy units in all the nine designated dairies as also of the milk products such as sweets from the areas where milk is supplied and to take appropriate action as per law in case of any violation", said the bench.
Recently, the Delhi High Court has viewed that there is urgent need to rehabilitate and relocate the Ghazipur Dairy and Bhalaswa Dairy forthwith as they are located next to the Sanitary Landfill Sites ('SLFS'). Court said the dairies should be relocated in areas where there is proper sewage, drainage, biogas plant, ample open space for the cattle to move around and enough grazing area.
Earlier Delhi High Court appointed Court Commissioner for inspection of designated Dairy colonies of Delhi, where approximately one lakh buffaloes and cows are used for commercial milk production.
Later, Court appointed Commissioner had informed the court that Oxytocin is administered to the cattle in a bid to force milk let-down and to increaseproduction of milk. Since administering of Oxytocin amounts to animal cruelty and is a cognizable offence under Section 12 of The Prevention of Cruelty to Animals Act, 1960, consequently.
Court was hearing a Public Interest Litigation moved by the 3 Petitioners - Sunayana Sibal, Dr. Asher Jessudoss and Akshita Kukreja are alumni of the Ahimsa Fellowship. They are represented by Senior Advocate, Vivek Sibal.
Petitioners highlighted alleged violations include gruesome animal cruelty such as tethering with extremely short ropes, intense overcrowding, animals made to lie on their own excreta, unattended and festering injuries and diseases, starving of male calves, mutilation of animals, etc.
The Petition also points towards heaps of rotting carcasses and excreta at several spots in the colonies and carcasses of calves dumped on public streets, leading to fly infestation, mosquito breeding. The non therapeutic administration of antibiotics and the administration of injections of a spurious drug suspected to be Oxytocin was also highlighted. Oxytocin is a hormone used to induce labour pain in women and causes painful contractions in the buffaloes to increase milk let down.
The Petitioners stated that maimed, mutilated as well as injured animals can be seen in unfathomable numbers. The gross environmental pollution and grave public nuisance due to poor waste disposal practices and endangerment of public health as a result of flouting several food safety norms is also highlighted.