Delhi HC directs authorities to give nod for moving Bhalswa dairies to Ghoga

The Delhi high court has directed the Delhi government and statutory authorities, including the Municipal Corporation of Delhi (MCD), to extend sanctions required for the shifting of all dairies from Bhalswa to Ghoga Dairy Colony near Narela within four weeks. The court also expressed its displeasure over the inability of the authorities to stop milch cattle from feeding on garbage from the city’s landfills.

The court was considering a plea filed by three people — Sunayana Sibal, Asher Jessudoss and Akshita Kukreja — who alleged that dairy colonies located near Delhi’s landfills are wrought with violations of central and state-level statutes. In their plea, the petitioners alleged violations including animal cruelty, intense overcrowding, animals made to lie on their excreta, unattended and festering injuries, diseases, starving of male calves, mutilation of animals, etc.

A bench of acting chief justice Manmohan and justice Manmeet PS Arora directed the shifting of the dairies after noting that the dairies at Bhalswa needed an estimated 30 acres for relocation, while Ghoga Dairy Colony has 83 acres of unutilised land.

The court also considered standing counsel Kirtiman Singh’s submission that the Union ministry of housing and urban affairs (MoHUA) had written to the Delhi Development Authority (DDA) to locate approximately 185 acres of land to shift dairies at Bhalswa and Ghazipur, and DDA was seeking time for the same. Singh submitted that though the Centre had written to the Uttar Pradesh and Haryana governments for the allotment of land to shift the dairies, it was yet to hear from those states.

“In view of the inability of the statutory authorities including MCD and GNCTD to take action to stop the milch cattle from feeding on garbage from the sanitary landfills near Bhalswa and Ghazipur, having considered the submissions of the counsel and having perused the correspondence of MoHUA, we find merit in the submission that since the estimate of land required for shifting of Bhalswa Dairy Colony is 30 acres and admittedly, unutilised land to the extent of 83 acres is available in Ghoga Dairy Colony, we hereby direct all these statutory authorities including MCD, DUSIB (Delhi Urban Shelter Improvement Board), GNCTD and MoHUA to the extent their sanctions are required to take immediate steps for shifting all the dairies from Bhalswa to Ghoga Dairy Colony within four (4) weeks,” the court said in its July 19 order, which was made available on Wednesday.

The court, in a nine-page order, also directed the MCD commissioner to hold a meeting with DUSIB officials and other stakeholders to draw up a detailed layout plan for Ghoga Dairy Colony, and file the same before the court within two weeks.

In May, the high court had prima facie observed there is a need to relocate dairies at Ghazipur and Bhalswa, stating that the cattle at these dairies will invariably feed on hazardous waste and had even reprimanded the Delhi government for its refusal to shift the dairies.

Even on July 12, the court had reproached MCD and the Delhi government over its “lack of will” in considering its suggestion to relocate the dairies, saying the authorities were creating obstacles despite the court making efforts.

In its order on July 19, the court directed MCD and DUSIB to remove all unauthorised construction in Madanpur Khadar and Ghoga Dairy Colony, and revert the character of the land to its original condition to make it conducive for cattle living in the colony.

The court in its order also expressed displeasure over the failure of statutory authorities to take remedial steps in the colonies to ensure that the cattle have safe space, medical facilities, and grazing ground to stop them from feeding on the garbage of the landfills.

“The statutory authorities charged with compliance with these rules to protect the animals have completely failed in their duty and in this process, not only have they turned a blind eye to the cruelty met out to these animals but have also ignored the fatal effect it has had on the quality of milk produced by these animals and which is being sold for consumption to the residents of the state,” the order stated.