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Synopsis

The Delhi High Court, on Wednesday, remarked that the court is concerned with the allegations of cruelty being inflicted on the livestock and the quality of milk that is being circulated in the state due to poor hygiene conditions of these animals. 

The Special bench headed by Acting Chief Justice Manmohan and Justice Manmeet PS Arora made the following remarks due to multiple residents from the Bhalaswa area impleading to join the proceedings and challenging the Municipal Corporation of Delhi’s demolition notice. 

The president of the Bhalaswa dairy colony stated the residents' reluctance to relocate from the area, citing the upcoming winter season and their desire to reclaim their plots while halting dairy operations. The court clarified that the decision to remove the residents lay with the MCD.

Per the President of the area, people are scared and do not want to shift to a new location. They want to retain their land. However, they believe that if they surrender the livestock, the MCD will demolish their houses or commercial shops. 

However, the court remarked that MCD must decide what to do regarding the land that was allocated for dairy colonies.

In the previous court order, the residents were granted two choices; either to shift to Ghoga with their livestock or to surrender their livestock and retain the land. The residents had chosen to shift to the new location. However, the court was surprised at the number of affidavits which did not match the number of residents.

The court inquired about the number of plot owners not named in the suit, to which the petitioners responded by highlighting an issue where a dairy, owned by one individual, was being managed by another party. The court further questioned the identity of the Bhalaswa Dairy’s president who was deposing and sought clarity on the number of residents in the colony, with the president stating that approximately 5,000 individuals resided there.

The court sought details on how many individuals had not submitted affidavits or were not part of the suit, to which the president disclosed that 120 individuals were yet to provide their affidavits.

The court noted that 1,328 plots were initially allotted as dairy colony, out of which 262 dairies were operating exclusively as dairies, 145 combining dairy and residential uses, and 12 integrating dairy with commercial activities, bringing the total to 419 dairies.
 
The court observed that 401 affidavits were filed by the residents of 419 residents. The court, therefore,  extended the deadline for Bhalaswa Dairy owners to submit their affidavits regarding the surrender of livestock. The court acknowledged the change of stance by the owners who had previously agreed to shift to the new proposed location- Ghoga. 

The court also highlighted that the affidavits that were produced were in Hindi language with only thumb impressions of the residents. Noting that the affidavit lacked proper verification, the court ordered new affidavits with thumb impressions to also have a copy of the Adhaar card. 

The Petitioners argued that the list submitted by the Government detailing name with plot number of owners does not match the affidavits being provided. The plot numbers do not match the names on the list, thus the affidavits are invalid. 

Accordingly, the court extended the deadline for Bhalaswa Residents to file their affidavit. 

Background: 

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 claimed that these conditions led to the production of unhygienic milk and significant pollution.

The Delhi High Court, in its May 8 order, criticized the state government for ignoring the potential health risks posed by milk produced near the Ghazipur and Bhalswa landfill sites. The court issued directions to address the issues in these dairy colonies.

Case Title: Sunayana Sibal & Ors. v Government Of NCT Of Delhi & Ors