The Delhi High Court recently ordered the Delhi Chief Secretary to seriously consider relocation of the dairies located near the landfill sites of Ghazipur and Bhalaswa as they pose serious threat to public health and can cause irreparable harm [Sunayana Sibal & Ors v Government of NCT of Delhi & Ors].

A Division Bench of Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora said that the government’s assertions that dairies at the two landfill sites do not pose any serious threat to public health is incorrect and the government is turning a blind eye to the grave harm that the milk produced in these dairies can cause.

“This Court is prima facie not persuaded by the submission of the Chief Secretary that the cattle in the dairies adjoining sanitary landfill sites can be prevented from eating hazardous waste at the landfill sites until 2025-26 [the time by when Delhi government estimates to clear out the landfill sites],” the Court said.

In its order dated May 8, the Court said that existing dairies in the national capitals must be made to comply with the municipal and other laws by ensuring that they have the required licenses from the Municipal Corporation of Delhi (MCD) under the MCD Act, Delhi government’s Animal Husbandry department under the Cattle Premises Registration Rule, No Objection Certificate from the Delhi Pollution Control Committee (DPCC) under the Water and Pollution Act and license from the Food Safety Authority.

“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,” the Court directed.

The Bench passed these detailed directions while hearing a public interest litigation (PIL) petition filed by animal rights activist Sunayana Sibal seeking directions to relocate Delhi’s dairy colonies and to ensure that they comply with the laws.

While hearing the case, the High Court had pulled up the Delhi government and other authorities for their failure to regulate the dairies functioning in the capital and remarked that citizens cannot be made to consume unhygienic milk.

The Bench in its order proceeded to direct the Food Safety and Standards Authority of India (FSSA) as well as Department of Food Safety, Delhi government 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.

“A detailed affidavit be filed by the Commissioner of Police indicating the efforts made to track the sources of spurious oxytocin/hormones and its production, packaging and distribution in pursuance to the complaints registered with the Police by the Petitioners/Local Commissioner; as well as the order dated 01st May, 2024 passed by this Court,” the Court stated.

It ordered MCD to remove all encroachment from the Ghogha dairy and to ensure that the cattle housed at the dairy plots do not exceed the prescribed numbers.

It also issued directions for making Madanpur Khadar Dairy Colony compliant with all the existing laws to make it a pilot project.

This included directions for mapping and identification of the cattle, tagging of cattle, banning use of spurious hormones, maintaining proper hygiene and medical care of the cattle.

“The Chief Secretary is directed to file a detailed affidavit indicating the road map for the future of the nine dairy colonies. Let the said affidavit be filed on or before 24th May, 2024. He is directed to give a hearing to the Petitioners before filing this affidavit,” the Court ordered.

The case will be heard next on May 27.

Senior Advocate Vivek Sibal along with advocates Smriti Sinha, Esha Dutta, Shaalini Agrawal and Shriyanshi Pathak appeared for the petitioners.

Advocates Nipun Katyal, Naved Ahmed and Dhananjai Shekhawat represented the Delhi government.

Advocates Rakesh Chaudhary and Sushaar Chaudhary appeared for the FSSAI.

DPCC was represented through advocate Biraja Mahapatra.

MCD was represented through its Standing Counsel Manu Chaturvedi and advocate Devika Singh

Standing Counsel Parvinder Chauhan appeared for the DUSIB.

Advocate Gauri Puri is the Court Commissioner in the case.