High Court Refuses To Entertain Plea Seeking Clean & Hygienic Milk Supply To Delhiites As A Fundamental Right

The Delhi High Court on Thursday refused to entertain a public interest litigation seeking clean and hygienic supply of milk to Delhiites as a fundamental right under Article 21 of Constitution of India.

A division bench comprising of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad was apprised by counsel appearing for the petitioner that the cattle in the city were dying on roads and were feeding on polythenes.

The plea, which had sought directions on the Court to advise the LG as well as Commissioner of Police for ensuring clean supply of milk, had claimed that the abandoned and pathetic condition of cattle was affecting the health of city residents for the reason of cattle feeding on contaminated polythene food and sewage water.

At the outset, the Bench orally asked the counsel thus:

"Under which jurisdiction can the we (High Court) advise the LG? I have not seen any provision in the Constitution which empowers the high court to advise the LG."

As the petitioner's counsel pressed the prayer and referred to media reports for substantiating the claims, the Bench warned of imposing heavy cost.

Accordingly, the plea was withdrawn from Court.

Case Title: RITU GAUBA ADVOCATE v. HIS EXCELLENCY LT. GOVERNOR, DELHI & ANR.

Citation: 2022 LiveLaw (Del) 688