HC directs authorities to remove illegal construction in dairy colonies

New Delhi, Jul 24 (PTI) The Delhi High Court has directed authorities to ensure that unauthorised construction in all dairy colonies in the national capital is removed and asked them to take immediate steps for shifting dairies from Bhalswa to Ghogha dairy colony within four weeks.

The high court passed the order for shifting of the Bhalswa dairy colony given the “inability” of the statutory authorities, including the MCD and Delhi government, to take action to stop the milch cattle from feeding on garbage from the sanitary landfills near Bhalswa and Ghazipur dairies.

"We find merit in the submission that since the estimate of land required for shifting of Bhalswa 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 Bhalswa to Ghogha dairy colony within four weeks," a bench of Acting Chief Justice Manmohan and Justice Manmeet PS Arora said.

Regarding unauthorised construction in dairy colonies, the high court directed the Municipal Corporation of Delhi (MCD) and Delhi Urban Shelter Improvement Board (DUSIB) to ensure that unauthorised construction in all dairy colonies, including Madanpur Khadar and Ghogha dairy colonies, are removed.

It also directed the authorities to ensure that the character of the plot is reverted to its original condition 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.

The court, which was hearing a petition regarding the state of dairies in Delhi, was earlier informed by the court commissioner that the condition of all nine designated dairy colonies in Delhi -- Kakrola Dairy, Goela Dairy, Nangli Shakrawati Dairy, Jharoda Dairy, Bhalswa Dairy, Ghazipur Dairy, Shahbad Daulatpur Dairy, Madanpur Khadar Dairy and Masoodpur Dairy -- was "bad".

Perusing the photographs, the court noted large-scale constructions and urbanisation in some of the dairy colonies with salons, showrooms, gymnasiums and internet cafes.

It said the colonies have ceased to be dairy colonies. Though the plots were allocated to be used as cattle sheds with strict restrictions against the conversion of the sheds into dwelling units, commercial showrooms are operating there and superstructures as high as four storeyed have come up for residence and commerce, it said.

The court was informed by the petitioner’s counsel that there is no grazing area in these colonies and the cattle are kept tied in cruel conditions by the dairy plot allottees.

Regarding Madanpur Khadar dairy, the bench perused the photographs and opined that the cattle there are being kept in violation of all applicable laws including the Prevention of Cruelty to Animals Rules.

"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 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 court said.

It added that the milk 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 wake up from their "slumber".

The court said the authorities have failed to take remedial steps in these colonies to ensure that the cattle have safe space, medical facilities and grazing grounds to stop them from feeding on the garbage at the landfills.

The court had earlier asked the Centre to look for the feasibility of shifting the Ghazipur and Bhalswa dairies to alternate sites outside the city, saying they cannot be situated next to landfill sites as it is very dangerous.

Regarding this, the Centre’s counsel apprised the court that the Ministry of Housing and Urban Affairs has sought information from the governments of Haryana and Uttar Pradesh for the identification of land in areas outside Delhi and urged the court to grant some time to place the details of land for an alternate location.

The high court had also pulled up the city authorities for not taking adequate steps to improve the "pitiable and unhygienic conditions" of the dairies.

It had asked the chief secretary to give a road map to deal with the issues plaguing cattle dairies, including the compliance of dairy owners with the statutory requirements and maintaining hygiene in the national capital.

Remarking that the administration has turned a "blind eye" to the condition of the dairies and that "citizens can't consume milk which isn't safe", the court had said it will initiate a pilot project in Madanpur Khadar dairy to address the issue of mapping, tagging the cattle, use of banned hormone oxytocin, cleanliness and medical care for the cattle there.

It had directed the city authorities to take action against the spurious use of oxytocin in dairy colonies, saying administration of the hormone amounts to animal cruelty and is an offence. PTI SKV RHL