Delhi High Court Issues Directions To Maintain Hygiene In Dairies, Medical Care Of Cattle

The Delhi High Court has recently issued a slew of directions for maintaining hygiene in dairies in the national capital, to ensure medical care of cattle kept therein and for use of spurious oxytocin.

A division bench comprising Acting Chief Justice Manmohan and Justice Manmeet Ps Arora was prima facie not persuaded by the submission of the Delhi Government's Chief Secretary that the cattle in the dairies adjoining sanitary landfill sites in Delhi can be prevented from eating hazardous waste until 2025-26.

“It seems that the Respondents are 'turning a blind eye' to the irreparable harm, which the milk produced in these dairies could cause to the health of the residents of GNCTD,” the court said.

The bench directed that existing dairies be made compliant in terms of the four licensing or registration requirements- under the MCD Act, from the animal husbandry of the GNCTD, license or NOC from DPCC under the Water and Pollution Act and license from the food authority.

The court also directed that Veterinary Hospitals be made functional forthwith near all designated dairies.

“Bio-gas plants be installed near all the nine authorised dairies in Delhi for creation of dry manure and biogas fuel/ Compressed Biogas (CBG) production at the earliest, preferably prior to onset of monsoon,” it said.

Further, the court directed the FSSAI or Delhi Government's Department of Food Safety 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 the milk products such as sweets from the areas where milk is supplied, and to take appropriate action as per law in case of any violation.

Other directions are as follows:

- The total number of plots that have been allotted for dairy purposes in this colony alongside the number of cattle being housed in these plots. The number of plots allotted for dairy but are being used for non-dairy purposes, including running commercial establishments and residences.

- The number of dairies being run by owners and those that have been leased out to others. The number and classification of cattle into cows, buffaloes and calves.

- The dairy owners are directed to display the ownership of dairy plot prominently at a conspicuous place along with the number of cattle housed on that plot.

- The work of mapping and identification shall be carried out through Para Legal Volunteers of the Delhi State Legal Services Authority ('DSLSA').

- The concerned land-owning agency i.e., DUSIB shall depute sufficient number of officials to coordinate and assist in the process of mapping and identification. This process shall be completed within a period of six weeks from the date of order.

- Dairy owners be directed to get tagging of cattle done using tag numbers provided under the INAPH (Information Network For Animal Productivity and Health) Scheme of Central Government under the supervision of officials of respondent No.3 Animal Husbandry Department, GNCTD (AHD) and any cattle which is not so tagged within a period of six weeks from today be seized and sent to earmarked gaushalas.

- AHD with assistance of DSLSA to conduct awareness camps in the colony regarding prohibition on use of Oxytocin/hormones and ill- effects of the same on the animals and humans, including infants who consume such milk directly or indirectly.

- The dairy owners be directed to ensure that the cattle are kept in habitable conditions and any disease or injury to any animal is reported immediately to the Veterinary Officer of the Government Veterinary Hospital of the dairy.

- Delhi Society for Prevention of Cruelty to Animals ('Delhi SPCA') under respondent No.3/AHD carry out regular inspections to check the condition of cattle in the colony and to report immediately any disease or injury to any animal to the Veterinary Officer of the Government Veterinary Hospital. Delhi SPCA to ensure that the cattle are not tied too tightly to restrict their movements.

- Dairy owners be directed to provide sufficient number of exhaust fans/ ceiling fans in the dairy plots to ensure adequate ventilation. Respondent No.3/AHD to conduct regular inspections to verify compliance of the same.

- The Delhi Police is directed to render full cooperation so that there are no law and order issues. Respondents are directed to file their Action Taken Report within eight (8) weeks from the date of order.

The bench directed the Chief Secretary to file a detailed affidavit by May 24 indicating the road map for the future of the nine dairy colonies.

The matter will now be heard on May 27.

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

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.

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.

Citation: 2024 LiveLaw (Del) 587

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