Delhi HC tells govt to ‘seriously consider’ shifting dairies from near landfills

The Delhi high court, underlining the serious threat posed by consuming milk produced by bovine animals in dairies located near landfill sites, directed Delhi government’s chief secretary Naresh Kumar to “seriously consider” relocating the Bhalsawa and Ghazipur dairies, which are situated next to two enormous landfill sites, to Ghogha Dairy Colony.

In a strongly worded order, a bench of acting chief justice Manmohan and justice Manmeet PS Arora took a dim view of the chief secretary’s suggestion for continuation of dairies at Ghazipur and Bhalaswa, and assurances that their operation would not pose a serious threat to public health, lamenting that it seemed that the government was “turning a blind eye” to the irreparable harm that could be caused to consumers.

“This court takes judicial notice that frequent global outbreaks of bovine diseases like foot and mouth disease, bovine herpes virus, parainfluenza, bovine respiratory virus, bovine diarrhoea and many other such diseases can spread like wildfire among animals. These viruses are known to jump to other species, including humans. So, milch animals have to be kept in utmost hygienic conditions. The milk from these dairies is also used for making a wide variety of products, including powdered milk, formula foods for toddlers and for mithai, etc, by various vendors,” the court said in its order released on Monday.

The bench said: “Consequently, we are of the prima facie opinion that the suggestion of the chief secretary that the dairies at Ghazipur and Bhalaswa can continue to operate near the landfill sites and that they will not pose any threat to the public health is incorrect... This court is prima facie not persuaded by the submission of the chief secretary that the cattle in the dairies adjoining sanitary landfill sites can be prevented from eating hazardous waste at the landfill sites until 2025-26.”

The court also directed civic agencies to remove all unauthorised constructions, commercial establishments, houses and industrial units situated in dairy plots at the Ghogha Dairy Colony. It also urged the government to ensure that cattle housed on the dairy plots do not exceed the prescribed number and make Ghogha diary an attractive alternative site to enable owners of congested dairies at Ghazipur and Bhalaswa to voluntarily opt for shifting.

The directions to improve the situation of cattle at the nine designated colonies were passed in a plea filed 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 alleged violations of animal cruelty, intense overcrowding, animals made to lie on their excreta, unattended and festering injuries and diseases, starving of male calves, and mutilation of animals, among others. The petition also highlighted the heaps of rotting carcasses and excreta at several spots in the colonies and the carcasses of calves dumped on streets, leading to fly infestation and mosquito breeding.

On May 1, the court observed there was an urgent need to relocate the Ghazipur and Bhalswa dairies, saying that the cattle at these dairies will invariably feed on hazardous waste.

On May 8, the court reprimanded Delhi government officials and agencies concerned over their failure to ensure compliance with norms by cattle dairies in the Capital, saying that it would not tolerate cattle consuming hazardous waste near the landfill sites, which eventually leads to the production of toxic milk that is consumed by people.

In its 16-page order, the court also ordered that existing dairies comply with municipal and other laws by ensuring that they have licences under the MCD Act, licence from animal husbandry, NOC from the DPCC (Delhi Pollution Control Committee) and FSSAI (Food Safety and Standards Authority of India) licence.

Addressing the issue of non-functional veterinary hospitals, the court urged the government to make the same functional forthwith. It also directed the government to install biogas plants near all nine designated dairies for creating dry manure and producing biogas fuel/compressed biogas.

Expressing concerns regarding the side effects of oxytocin on humans, the court also directed the police commissioner to file a detailed affidavit, indicating efforts made to track the sources of spurious oxytocin/hormones and its production, packaging and distribution in pursuance to the complaints registered with police.

“FSSAI/ department of food safety, GNCTD to ramp up testing and to conduct random sample checking of milk for presence of chemicals in dairy units in all the nine designated dairies as also of milk products, such as sweets, from areas where milk is supplied and to take appropriate action as per law in case of a violation,” the court said.

To make Madanpur Khadar Dairy Colony compliant with all the laws, the court, as a pilot project, issued a slew of directions, including mapping and identification, tagging of cattle, checking use of spurious oxytocin, medical care of cattle and hygiene.