Urgent need to relocate Ghazipur, Bhalswa dairies from sanitary landfill sites: Delhi HC

New Delhi [India], May 3 : The Delhi High Court has viewed that there is an urgent need to rehabilitate and relocate the Ghazipur Dairy and Bhalswa Dairy, as they are situated adjacent to the Sanitary Landfill Sites ('SLFS'). The court said that the dairies should be moved to areas where proper sewage, drainage, biogas plants, ample open space for the cattle to move around, and sufficient grazing areas are available.
Keeping in view the apprehension that dairies next to the landfill sites can cause illness and public health hazards, the court is prima facie of the view that these dairies need to be relocated forthwith, the Delhi HC said while hearing a Public Interest Litigation (PIL) on Friday.
The bench, led by Acting Chief Justice Manmohan observed that cattle in the dairies situated next to the landfill sites without doubt would feed on hazardous waste and their milk, if consumed by humans, particularly children, (directly or indirectly) could have serious consequences.
The court further said that before issuing any binding direction, it would like to hear from the concerned officials as to how these directions should be implemented. For this purpose, the Commissioner (MCD), Director of Veterinary (MCD), Chief Secretary (GNCTD), CEO (DUSIB) and CEO (FSSAI) are directed to join the proceedings through an audio-video link on the next date of hearing.
The officials shall explore the possibility of the availability of land where the dairies could be rehabilitated and relocated. The Chief Secretary shall also hold a prior meeting with the relevant officials before appearing before this Court. List on 8th May 2024, said the court.
Earlier, the Delhi High Court appointed a Court Commissioner for the inspection of designated Dairy colonies of Delhi, where approximately one lakh buffaloes and cows are used for commercial milk production.
Recently court-appointed Commissioner informed that oxytocin is administered to the cattle in a bid to force milk let-down and to increase the production of milk. Administering oxytocin amounts to animal cruelty and is a cognizable offence under Section 12 of The Prevention of Cruelty to Animals Act, 1960.
The court directed the Department of Drugs Control, GNCTD to conduct weekly inspections and ensure that all cases of spurious oxytocin usage or possession are registered under relevant Sections. The said offences are directed to be investigated by the jurisdictional police stations.
The Intelligence Department of Delhi Police is directed to identify the sources of such spurious oxytocin production, packaging and distribution and take action per law, said the court.
The court was hearing a PIL moved by the three Petitioners - Sunayana Sibal, Dr Asher Jessudoss and Akshita Kukreja, who are alumni of the Ahimsa Fellowship. They are represented by Senior Advocate, Vivek Sibal.
The respondents include the Government of NCT of Delhi, the Urban Development Department of Delhi, the Animal Husbandry Unit of Delhi, the Food Safety and Standards Authority of India, the Delhi Pollution Control Committee, the Municipal Corporation of Delhi and the Delhi Police.
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 and mosquito breeding.
The non-therapeutic administration of antibiotics and the administration of injections of a spurious drug suspected to be oxytocin were also highlighted. Oxytocin is a hormone used to induce labour pain in women and causes painful contractions in the buffaloes to increase milk letdown.
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 are also highlighted.
Senior Counsel Vivek Sibal earlier submitted before the Bench that despite notices being issued in September 2022, most of the respondents have not filed their reply to the Petition. He emphasized that huge damage is being caused to both the animals and the environment due to the inaction of the authorities.
Petitioner Sunayana Sibal stated, "These animals are artificially inseminated and bred; their existence is contingent on our whims and fancies of larger, faster chains of milk production. They spend their entire lives tethered to a single spot where they die painfully, as well."
"None of the infrastructure mandated by law is complied with and the animals are denied the bare minimum. The real cost of milk excludes heavy externalities - the cost of attending to the basic needs of or providing medical attention to these animals. The real cost of milk does not include the costs to public health caused by unsafe milk, the costs of the environment by gross pollution created by non-compliance of laws at these dairy colonies," Sibal added.