Citing Inability Of Authorities To Prevent Cattle Feeding On Garbage, Delhi HC Orders Shifting Of Dairies Located Near Landfill Site

The Delhi High Court has recently ordered the shifting of the Bhalaswa dairy colony–located near a landfill site, to the Gogha dairy colony within four weeks, after taking note of the “inability of statutory authorities” to prevent cattle from feeding on garbage in the area.

A division bench of Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora in its July 19 order further directed that the existing dairy plots in Bhalaswa Dairy Colony pursuant to the direction of shifting, “will revert to the land-owning agency” as per law.

“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 Bhalaswa 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 Bhalaswa Dairy Colony is 30 acres and admittedly, unutilised land to the extent of 83 acres is available in Ghogha Dairy Colony, we hereby direct all these statutory authorities including MCD, DUSIB, GNCTD and MoHUA to the extent their sanctions are required to take immediate steps for shifting all the dairies from Bhalaswa to Ghogha Dairy Colony within four weeks,” the bench directed.

The observations came in a plea highlighting the status and condition of nine dairy colonies in the national capital i.e. Kakrola dairy, Goela dairy, Nangli Shakrawati dairy, Jharoda dairy, Bhalaswa dairy, Ghazipur dairy, Shahbad daulatpur dairy, Madanpur Khadar dairy and Masoodpur dairy.

In its order, the bench further observed that the dairy plots allottees in all these colonies have “illegally converted” the use of these plots into “commercial and residential” uses, which is without any sanction of law.

The High Court said that the construction of the superstructure on these dairy plots is also without any sanction of law.

After perusing the Delhi Development Authority's (DDA) 'Allotment Conditions' pertaining to the allotment of cattle sheds in these colonies, the bench observed that the dairy plots were to be exclusively used as cattle sheds. It further said that there was a “prohibition” on converting the shed into a “dwelling unit”.

“Therefore, no equities can be claimed by the occupants of these superstructures,” the bench underscored, listing the matter on August 23.

During the hearing, central government standing counsel (CGSC) Kiritiman Singh drew the court's attention to a July 18 letter as per which the Municipal Corporation of Delhi (MCD) had said that 155 acres (approx.) of land would be required for shifting Ghazipur Dairy Colony and around 30 acres (approx.) of land would be required for shifting Bhalaswa Dairy Colony.

Singh said that the Union Ministry of Housing and Urban Affairs has sought information from the Haryana and Uttar Pradesh governments for identifying land in areas outside Delhi for this purpose. He requested some time to submit these details and added that for relocation within Delhi land would have to be identified by the Delhi Development Authority (DDA).

Meanwhile, additional standing counsel Beenashaw Soni–appearing for the DDA, sought some time to submit a proposal for an alternate location within Delhi.

Rampant urbanisation in dairy colonies

During the hearing senior advocate Vivek Sibal appearing for the petitioners said that there is “rampant large-scale urbanisation” in the existing dairy colonies. He said that though the plots in the dairy colonies were allocated to be used as cattle sheds with strict restrictions against the conversion of the use of sheds into dwelling units, the photographs filed by the Court Commissioner (in its second report) shows that there are “commercial show-rooms operating in these dairy colonies and superstructures as high as four stories” have come up for residence and commerce.

Detailed Layout Plan for Ghogha Dairy

The bench also directed the MCD Commissioner to hold a meeting next week with its concerned official, DUSIB, a representative of Petitioner in the present matter, a representative of the dairy owner from Ghogha Dairy, the Court Commissioner and Geetanjali Goel, OSD (Rules) High Court of Delhi, for drawing up a detailed layout plan for Ghogha Dairy Colony.

The bench said that this plan must provide the “location and earmarked areas for essential facilities” and other additional facilities which are required for a dairy colony.

The court passed the directions, after taking note of Goel's submission who had visited Ghogha Dairy Colony and said that it would be appropriate if MCD takes immediate steps for setting up a “bio-gas plant, identifying the grazing area, lays out proper drainage, making the veterinary hospital in this dairy colony fully equipped and functional”. She further said that the concerned statutory agency must take steps to remove “encroachment and misuse” in Ghogha Dairy Colony.

On Madanpur Khadar

The HC also perused the photographs of Madanpur Khadar which formed part of the court commissioner's report and said that cattle are being kept by the dairy plot owners in violation of all applicable laws including the Prevention of Cruelty to Animals (Registration of Cattle Premises) Rules, 1978.

“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 milk being sold from these animals is unsafe for consumption and despite this issue being highlighted in the Court in the last several hearings, the concerned statutory authorities are unable to get out of their slumber and take remedial steps in these colonies to ensure that the cattle have safe space, medical facilities and grazing ground so as to stop them from feeding on the garbage of the landfills,” the bench underscored.

Action against unauthorised construction in Dairy Colonies

Standing counsel for the MCD Manu Chaturvedi submitted during the hearing that the authority has “initiated steps for the removal of unauthorised construction” in these dairy colonies. In this regard, the authority said that it has identified an official responsible for ensuring action in all eight dairy colonies to bring them into conformity with the allotment terms.

Standing counsel for Delhi Urban Shelter Improvement Board (DUSIB) Parvinder Singh Chauhan also said that an official has been identified who will be responsible for compliance with this direction in the colonies falling under DUSIB.

The bench thereafter directed, “The MCD and DUSIB are directed to ensure that all unauthorised construction in all Dairy Colonies including Madanpur Khadar and Ghogha Dairy Colony are removed and the character of the plot is reverted to its original condition so as to make it conducive for the cattle in these colonies to have living conditions stipulated in the allotment terms and as per the applicable laws including the Prevention of Cruelty to Animals (Registration of Cattle Premises) Rules, 1978. The officers of MCD, DUSIB and GNCTD, whose names have been noted in this order shall be personally responsible for compliance with the directions issued in this order and shall file action taken reports under their name one day before the next date of hearing”.

Case title: SUNAYANA SIBAL & ORS. v GOVERNMENT OF NCT OF DELHI AND ORS

Counsel for the petitioners: Senior advocate Vivek Sibal, with advocates Smriti Sinha, Esha Dutta, Shaalini Agrawal, Siddharth Pandey and Sara Shrawani

Counsel for the respondents : Mr. Nipun Katyal, Advocate with Mr. Dhananjai Shekhawat and Mr. Archit Jain, Advocates for respondents No.1 to 3 and 7-GNCTD

Mr. Rakesh Chaudhary, Advocate with Mr. Sushaar Chaudhary, Advocate for respondent No.4/FSSAI. Mr. Biraja Mahapatra, Advocate with Mr. Nalin Hingorani, Advs. for DPCC.

Ms. Beenashaw Soni, ASC, DDA.

Ms. Gauri Puri, Court Commissioner.

Mr. Parvinder Chauhan, Mr. Rahul Chauhan and Ms. Hema Sukhija, Advs. with Mr. P.K. Jha, Director, Mr. V.K. Maggo, Law Officer and Mr. Pranav Siroha, Legal Asst. For DUSIB.

Mr. Manu Chaturvedi, Standing Counsel MCD with Ms. Devika singh Roy Chowdhury, Advocate along with Mr. Raj Kmar DD(VS)/CNZ, MCD.

Mr. Kirtiman Singh, Mr.Waize Ali Noor, Mr.Varun Rajawat, Mr. Ranjeev Khatana and Mr. Varun Pratap Singh, Advocates for Union of India.

Ms. Apoorva Chauhan, Mr. Jap Singh and Mr. O.M. Sharma, Advocates for applicant.

Mr. Rajesh Pandey, Advocate with Mr. Jitender Tyagi, Mr. Gaurav Bidhuri, Ms. Harshita L, Mr. Kuldeep, Advocates for Interveners.

Mr. Gagandeep Singh Bidhuri, Advocate for Madanpur Khadar Ms. Geetanjli Goel, OSD/REGISTRAR, Rules and Litigation.

Dr. Rakesh Singh, Director, AFI, GNCTD.

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