Delhi HC reprimands MCD for delay in shifting dairies from near landfills

The Delhi high court on Monday reprimanded the Municipal Corporation of Delhi (MCD) for a delay in taking a call on relocating Bhalsawa and Ghazipur dairies, located next to two enormous landfill sites, and asked if there were any political considerations involved in the decision-making process.

The court expressed dismay after the counsel for MCD submitted that the decision of relocation was being considered by experts.

“Don’t be guided by narrow political interests. If the city cannot accommodate, it will have to go out of the city. Would the bureaucrats who are heading this, would like to have milk from Bhalsawa and Ghazipur dairies? Complete discipline has broken down in the city because the experts are being guided by narrow political considerations. We will not feel shy of passing a strong order. At the ground level, I don’t think Delhi administration exists,” a bench of acting chief justice Manmohan and justice Manmeet PS Arora said to the lawyer representing MCD.

The court also came down heavily on the agency for failing to abide by the slew of directions issued on May 8, saying that its attitude was more of an obstructionist rather than facilitating things.

“The fact is that at the ground level, things are pathetic. Nothing has happened despite the directions, the hospitals are not functional, the whole place is full of garbage. The will and attitude are certainly lacking,” the court said.

The court was addressing 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 have alleged violations, including 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. The petition also highlighted the heaps of rotting carcasses and excreta at several spots in the colonies and the carcasses of calves dumped on public streets, leading to fly infestation and mosquito breeding.

On May 1, the high court had prima facie observed there is a need to relocate the Ghazipur and Bhalswa dairies saying that the cattle at these dairies will invariably feed on hazardous waste and their milk, if consumed by humans, could have serious consequences on health.

On May 8, the high court underlined the serious threat posed by consuming milk produced from dairies located near landfill sites, and directed Delhi government’s chief secretary Naresh Kumar to seriously consider the suggestion for relocating the two dairies to Ghogha dairy. Addressing the issue of non-functionality of veterinary hospitals, the court urged the government to make the same functional immediately and further issued a slew of directions for improving the situation of the cattle in the dairies. In its 16-page order, the court also ordered to make the existing dairies compliant with municipal and other laws by ensuring that they have licences under the MCD Act, licence from animal husbandry, NOC from the DPCC and FSSAI licence.

However, on Monday, the counsel for MCD submitted that though the issue regarding relocation of the dairies was still under consideration, the agency removed tonnes of garbage from the land fill sites. To prevent the cattle from feeding on the garbage, the lawyer asserted that the agency would also fence the boundaries. He added that the civic body created an organised structure to comply with the directions issued by the court by setting deadlines and appointing a nodal officer to receive action taken reports from all the departments.

The court posted the matter for July 12 for further consideration.