Delhi HC reprimands authorities for norm violations at diary colonies

The court issued notice to the Union housing ministry, noting that an alternative land would be required to shift the two dairies

The Delhi high court has observed that state functionaries lack the will to stop violations of norms by dairy owners in the nine designated dairy colonies in the Capital and reprimanded the agencies concerned for “dereliction of duty”.

Gavel and law books (Getty Images/iStockphoto)

In its May 27 order, released on Thursday, a bench of acting chief justice Manmohan and justice Manmeet PS Arora rebuked the authorities after considering the Delhi government’s submissions that none of the dairies had a licence under the Municipal Corporation of Delhi (MCD) Act from animal husbandry department, or no objection certificates from the Delhi Pollution Control Committee and the Food Safety and Standards Authority of India.

“Having heard the learned counsel for the parties and having perused the affidavits filed by the respondents after the last date of hearing, this court gets a distinct impression that there is a lack of will in the state functionaries to stop the rampant violation of laws... These violations not only affect the public health of the citizens and residents who are consuming the milk being produced in these dairies but are also wrapped in extreme cruelty to the animals housed in these dairies,” the court said in the order.

In its 10-page order, the court, after perusing the photographs showing cattle grazing near sanitary landfill sites and sitting on/eating garbage at Bhalswa dairies, underscored the broader implications of such violations on public health and the animals housed in the dairy colonies.

It also reprimanded the animal husbandry department for its dereliction of duty regarding granting and regulating dairy licences and functional veterinary hospitals.

“This Unit of GNCTD has, prima facie, not only failed in discharging its primary function under the Rules of 1978 of granting and regulating the licences to these dairies but it has also failed to provide for functional and stocked veterinary hospitals in these nine dairy colonies. With this being the state of affairs in the authorised nine dairy colonies this court is unable to fathom the state of affairs in the illegal dairies, which as per the petitioner also exist in Delhi,” the bench added.

The court expressed dismay while addressing the pleas filed by three people — Sunayana Sibal, Asher Jessudoss and Akshita Kukreja — who alleged that these dairy colonies are wrought with violations of central and state-level statutes.

In their plea, the petitioners have alleged violations, including animal cruelty, intense overcrowding, animals made to lie on their excreta, unattended and festering injuries and diseases, starving of male calves, mutilation of animals, etc.

On May 1, the high court had prima facie observed there is a need to relocate the Ghazipur and Bhalswa dairies as the cattle at these dairies invariably feed on hazardous waste, and their milk, if consumed by humans, could have serious consequences on health.

On May 8, the high court, underlining the serious threat posed by consuming milk produced from dairies located near landfills, directed the Delhi chief secretary Naresh Kumar to consider its suggestion to relocate the two dairies to Ghogha dairy.

On May 27, the high court reprimanded the Delhi government for its refusal to adhere to its request. The court on that day also lambasted the agencies for their failure to ensure compliance with laws by the dairy owners, remarking that its attitude was more of “an obstructionist”.

The court issued notice to the Union housing ministry, noting that an alternative land within or outside the Capital would be required to shift the two dairies.