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Synopsis

The Delhi High Court, recently, remarked that the state government has ‘turned a blind eye’ over the irreversible harm that could result from the milk produced by dairy colonies near the Ghazipur and Bhalaswa landfill sites, posing a potential threat to the health of GNCTD residents. The court passed directions to such dairy colonies.

The bench of Acting Chief Justice Manmohan and Justice Manmeet PS Arora held, “It seems that the Respondents are ‘turning a blind eye’ to the irreparable harm, which the milk produced in these dairies could cause to the health of the residents of GNCTD”. 

A public interest litigation (PIL) was filed by Sunayana Sibal, Asher Jesudoss, and Akshita Kukreja, alleging severe cruelty to bovines in dairy colonies and a lack of essential infrastructure. They further asserted that such conditions result in the production of unhygienic milk as well as significant pollution discharge.

Senior Advocate Vivek Sibal, representing the petitioners, proposed relocating cattle from the Ghazipur and Bhalaswa dairy colonies to the Ghogha dairy colony. However, he highlighted issues like a non-functional Veterinary Hospital and illegal conversions of dairy plots in Ghogha Dairy.

He emphasized the government's role in preventing unauthorized constructions and in ensuring compliance with prescribed cattle numbers in Ghogha Dairy. He stressed the need for all dairies to obtain statutory licenses and comply with requirements.

The Chief Secretary, represented by Advocate Nipun Katyal, cited inadequate alternative land for relocation and ongoing efforts to clear landfill sites by 2025-2026, ensuring cattle safety until then. However, he stated the dairy colonies must remain in their current locations.

The court observed the Commissioner's reports which highlighted various issues like stray cattle, waste overflow, and non-compliance with regulations, persisting despite court orders. Concerns over Oxytocin hormone use were noted by the bench. 

The court passed specific directives for the Ghogha Dairy Colony and a pilot project was initiated for the Madanpur Khadar Dairy Colony, focusing on compliance with existing laws, mapping, tagging of cattle, awareness campaigns, and medical care for the animals. These directives aim to mitigate health risks and improve conditions in the dairy colonies. The directions are:

a) Dairy proprietors were instructed to install a sufficient number of exhaust fans/ceiling fans in their dairy premises to ensure proper ventilation. the department to conduct regular inspections to ensure compliance with this directive.

b) Concerning bovine waste and feed residue, until bio-compost plants are established, the DPCC, in collaboration with the MCD, is to devise short-term measures for its disposal. This included, if necessary, instructing dairy owners to gather cow dung instead of letting it wash into drains and deposit it at designated spots for collection and treatment by the MCD.

c) The Delhi SPCA was tasked with ensuring that the food provided to cattle was kept in a clean and hygienic condition and that the cattle had access to clean drinking water.

Furthermore, court directed the government to delegate an adequate number of officials to implement the aforementioned measures and provided full cooperation to DSLSA. The Delhi Police were instructed to cooperate fully to prevent any law and order issues. 

The Chief Secretary was ordered to submit a detailed affidavit outlining the future roadmap for the nine dairy colonies.

Accordingly, the case was listed for May 27, 2024. 

Case Title: Sunayana Sibal & Ors v Government Of NCT Of Delhi & Ors (2024:DHC:3869-DB)