Delhi High Court Laments Govt's Apathy Towards Dairies Near Landfills, Asks How Food Cycle And Citizens' Health Will Be Protected

The Delhi High Court on Wednesday said that the administration has turned a blind eye to the issues concerning functioning of dairies in the national capital and the cattle situated therein.

A division bench comprising Acting Chief Justice Manmohan and Justice Manmeet PS Arora questioned as to how the dairies are presently working in violation of laws in Delhi, adding that some responsibility of the officers concerned has to be fixed for remedying the situation.

The court was dealing with a plea alleging that dairy colonies in Delhi are violating various laws which are to be enforced by the government authorities. The petition has been filed by Sunayana Sibal, Asher Jessudoss and Akshita Kukreja.

Earlier, the court had asked the officials, including Delhi Government's Chief Secretary, to explore the possibility of availability of land where Ghazipur and Bhalaswa dairies could be rehabilitated and relocated.

During the hearing today, the Chief Secretary, who joined the proceedings through VC, submitted that the authorities have an apprehension in relocating the two dairies, which occupy 265 acres of land at present, to a different land.

The official said that the government, in the last 2.5 years, has been actively working on the issue and it is hopeful that by 2025 or beginning of 2026, the sanitary landfill situated near the two dairies will be free from legacy waste.

To this, the court said: “How will you ensure that till 2026, cattle don't feed on sanitary waste and what testing will be done or the milk produced is not contaminated and not affecting the food cycle or health of citizens of Delhi?”

The Chief Secretary responded that multiple disciplinary teams have been formed to ensure that the shortcomings observed are resolved. He further informed court that the teams can work on a fortnightly or monthly basis.

The court then asked the official about the status of dairies in Delhi and that if they are functioning with all the licenses required under the statutory framework.

“Under the statutory framework, each dairy owner has to have four licenses. One is under the MCD Act, second from the animal husbandry of the GNCTD, third is a license or NOC from DPCC under the Water and Pollution Act and fourth, from the food authority. Will you ensure that all the four licenses are obtained by each dairy owner and within how much time you'll be ensure…,” the court asked the Chief Secretary.

The ACJ added: “We are not finding any reasonable way to ensure laws over there. If you can, good luck to you. Please get it done. We don't want to uproot anyone. We want only conformity with law.”

He further remarked: “No one should feed on hazardous waste. Today, the administration has turn a blind eye to this as if the dairies don't exist….How many illegal dairies are there we aren't even asking you about them! This sort of milk is used in sweets and chocolates. How everything is affecting our food cycle no one knows.”

The court also remarked that the dairies today are not being examined by any statutory authority. How are they functioning in violation of laws, the court said.

“There is rampant use of oxytocin… Now that you have a team of officers, please ask them what have they done. Some junior officers are getting their salaries for working in these areas. Some responsibility has to be fixed otherwise nothing will move. The system will remain the same. We'll have to get the system moving. It seems very unlikely from their past record,” the court told the Chief Secretary.

The court also said: “Citizens can't consume milk today. It is not safe. In the four last few years, we are having products which are not very very safe.”

The Chief Secretary told the court that a detailed affidavit will be filed indicating the roadmap for future.

The counsel appearing for Delhi Police told court that various FIRs have been registered on the use of spurious Oxytocin hormone in dairy colonies and the investigation is ongoing.

“If you're handicapped we will hand this cover to CBI. This is a serious issue. Either pull up your socks or we will handover this to CBI,” the court told Delhi Police's counsel, adding that police should show some alacrity.

The bench directed the Delhi Police to file a detailed affidavit indicating efforts made to trace the source of spurious oxytocin.

Noting that since larger numbers of designated dairies are not complying with the statutory framework and do not have the four licenses, the court issued some directions as a pilot project with respect to one designated Madanpur Khadar dairy.

The court passed the directions regarding mapping and identification, tagging of cattle, ban of spurious oxytocin, medical care of cattle, cleanliness and hygiene.

The court said that it will pass a detailed order with sub directions. The matter will now be heard on May 27.

In the last hearing, the court had observed that the dairies in the national capital should be relocated to areas where there is proper sewage, drainage, biogas plant, ample open space for the cattle to move around and enough grazing area.

Title: SUNAYANA SIBAL & ORS. v. GOVERNMENT OF NCT OF DELHI & ORS.