Delhi HC flags state’s ‘lack of will’ to curb ‘rampant violation of laws’ in dairy colonies

A bench of Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora in its May 27 order said, “In our considered opinion, the State’s lack of will to shift Ghazipur and Bhalswa Dairy colony to an alternate site despite its proximity to the SLFs (sanitary landfills) and its undeniable adverse effect on public health shows that the decisions are being taken by the administration for considerations other than relevant and germane to public health.”

The court had earlier asked Delhi’s chief secretary to “seriously consider” relocating the two dairies (Bhalswa and Ghazipur) to an alternative site in Ghogha.

The court was hearing a petition moved by one Sunayana Sibal regarding the state of dairies in Delhi, wherein it was earlier informed that the condition of all nine designated dairy colonies— Kakrola Dairy, Goyla Dairy, Nangli Sakrawati Dairy, Jharoda Dairy, Bhalswa Dairy, Ghazipur Dairy, Shahbad Daulatpur Dairy, Madanpur Khadar Dairy and Masoodpur Dairy—was bad.

The bench said that it had got a “distinct impression” about the “lack of will” in the “State functionaries to stop the rampant violation of laws” by the dairy owners in the nine dairy colonies. “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 bench said.

The bench also pulled up the Delhi government’s animal husbandry unit for “abject dereliction of duties” after it was informed that none of the dairies had the four required licences. The court was further informed that till date no licence had been issued by the animal husbandry unit as per the Prevention of Cruelty to Animals (Registration of Cattle Premises) Rules 1978.

“This Unit of GNCTD (Government of the National Capital Territory of Delhi) 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 authorized 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 said.

The counsel for the MCD confirmed that it had not issued a licence to any of the dairies in the nine dairy colonies since August 2019. He said there was an “overlap” in the issuance of licences under the Delhi Municipal Corporation Act and the 1978 Rules, though as a matter of fact licence had not been issued under either regime to the existing dairies.

Taking note of the various issues involved in the matter, the bench directed that various authorities including the Drugs Controller General of India, Central Drugs Standard Control Organisation working under the Directorate General of Health Services, Union Ministry of Health and Family Welfare, Union Ministry of Fisheries, Animal Husbandry and Dairying and Union Ministry of Housing and Urban Affairs be impleaded in the matter.

The bench issued notices to the newly added authorities and listed the matter for hearing on July 12.