Delhi HC slams officials over failure to ensure dairies follow norms

Delhi HC reprimands officials for failing to ensure compliance by cattle dairies. Concerned over toxic milk production. Matter posted for May 27.

The Delhi high court on Wednesday reprimanded Delhi government officials and agencies concerned over their failure to ensure compliance with norms by cattle dairies in the Capital, lamenting that the administration had turned a blind eye to the issue.

The high court in July 2023 had directed authorities to take immediate remedial actions and file action-taken reports within three months saying that it was “appalled” by the poor hygienic conditions and health of the milch animals at nine dairy colonies in the national capital. (HT Photo)

A bench of acting chief justice Manmohan and justice Manmeet PS Arora highlighted that the dairy owners were functioning without mandatory licenses from the Municipal Corporation of Delhi (MCD), animal husbandry department, Food Safety and Standard Authority of India, Delhi Pollution Control Committee and rampantly administering the banned drug — oxytocin — on cattle.

The court said it would not tolerate cattle consuming hazardous waste near the landfill sites, which eventually leads to the production of toxic milk that gets consumed by people. The court has now posted the matter for May 27.

“We are not finding any reasonable ways to ensure compliance with laws. We don’t want to uproot anyone. We only want confirmation with the law. Today the administration has turned a blind eye as if the dairies do not exist. This is the sort of milk that is being used in the production of sweets and chocolates and they are today not being examined by any statutory authorities. Oxytocin is rampant over there which is a banned drug. Please ask them (the officials) what have they done. Officers are getting salaries. See what they have done and what they haven’t done. We’ll have to get the system moving,” remarked the bench, addressing chief secretary Naresh Kumar, who attended the proceedings virtually.

The court expressed displeasure after Kumar expressed apprehension about relocating the Ghazipur and Bhalswa dairies occupying 265 acre of land. He assured the land sites will be free from legacy waste by the end of 2025 or the beginning of 2026. The official also submitted that the government, in the last 2.5 years, has removed 5,000,000 tonne of waste and urged the court to permit the continuation of the two dairies in the meantime.

The bench had on May 1 observed there was an urgent need to relocate the Ghazipur and Bhalswa dairies — situated next to two enormous landfill sites — saying that the cattle at these dairies will invariably feed on hazardous waste. It has also directed the agencies and officers concerned — including the commissioner and veterinary director of MCD, Delhi chief secretary, CEO of DUSIB, and FSSAI — to join Wednesday’s proceedings.

“We have picked up the matter because your officers have not done anything. The problem is far more complex than the feedback that you are receiving. This clearly shows that the field level officers are not going on the ground, and they have no idea,” the bench said on Wednesday.

In its four-page order on May 1, the court directed the Delhi government’s drugs control department to conduct weekly inspections and register all cases of spurious oxytocin usage or possession, and police to investigate the cases and identify sources of production, packaging and distribution of such drugs. “Either pull up socks or we will transfer it to CBI. We want a detailed affidavit from you. It may be affecting young children, police must show some alacrity,” the bench remarked. The bench also asked the CEO, FSSAI, to ramp up milk testing in the Ghazipur and Bhalswa dairies.

The court was hearing a plea 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. The petition also highlighted the heaps of rotting carcasses and excreta at several spots in the colonies and the carcasses of calves dumped on public streets, leading to fly infestation and mosquito breeding.

The high court in July 2023 had directed authorities to take immediate remedial actions and file action-taken reports within three months saying that it was “appalled” by the poor hygienic conditions and health of the milch animals at nine dairy colonies in the national capital.