Plea seeks regulation of dairy colonies, Delhi HC issues notice
Sep 12, 2022
New Delhi [India], September 12 : The Delhi High Court on Monday issued notice to the Delhi government, Delhi Police, Municipal Corporation and FSSAI on a plea seeking direction to take the necessary action as per law to regulate the functioning of the designated dairy colonies of Delhi where bovines are kept and used for commercial milk production.
The bench of Justice Satish Chander Mishra and Justice Subramonium Prasad on Monday sought responses of the Government NCT Delhi, Department of Animal Husbandry, Food Safety and Standards Authority of India (FSSAI), Municipal Corporation of Delhi (MCD) and Delhi Police in the matter and fixed it for November 11, 2022, for furthering hearing.
The plea stated that due to the continued lack of regulation, an increasing number of illegal dairies and free-roaming bovines are found all across Delhi. Such illegally maintained dairies flourish with impunity, which keeps bovines in utterly unhygienic conditions and causes cruelty and suffering to such animals, contravening the PCA Act/ Rules.
The petitioners Sunayana Sibal, Dr Asher Jesudoss and Akshita Kukreja are claiming for working for Animal welfare stated that they have visited several dairy colonies in Delhi and noted various transgressions / non-compliance with applicable laws and sent the same in a written report/representation along with photographic evidence.
The non-implementation of the aforesaid Act/ Rules is a complete dereliction of duty by the Respondents, and by doing so, the Respondent's actions are affecting animal welfare negatively and leading to unnecessary pain and suffering and cruelty to bovines/ dairy animals in unregulated dairy colonies across the State.
Advocate Smriti Sinha appeared for petitioners and stated that, despite being acutely aware of the ground reality regarding unregulated dairy colonies of Delhi, even after being apprised of the blatant legal violations occurring in the designated dairy colonies of Delhi, the Respondents/ State Authorities have repeatedly failed to take any action to regulate the said dairy colonies and bring any illegal dairy/ bovine owners to book which has not only caused animal welfare to be severely compromised but is also a revenue loss to the State Government.
The plea also stated that the complete inaction and abdication of statutory duties by the Respondents is leading to the unnecessary pain, suffering and cruelty to animals kept in unregulated dairy colonies across the State, contravening the Constitutional mandates under Articles 21, 47, 48, 48A, SLA(g), (h) and (i) apart from the provisions of the PCA Act and aforesaid prevalent law.
According to the plea, there are ten designated dairy colonies in Delhi, namely, - Kakrola Dairy Colony, Goela Dairy Colony, Nangli Shakrawati Dairy Colony, Jharoda Dairy Colony, Bhaleswa Dairy Colony, Gharoli Dairy Colony, Ghazipur Dairy Colony, Shahbad Daulatpur Dairy Colony, Madanpur Khadar Dairy Colony and Masoodpur Dairy Colony. These designated dairy colonies have been specified vide the "Policy for grant of licenses under Section 417 of the DMC Act, 1957 for running of dairies (Cows/Buffaloes) within rural vii/ages, areas and prohibition on keeping of a cowl she-buffalo in urban areas/limits" by the Municipal Corporation of Delhi, plea read.
