Cow milk from cows eating sanitary trash in Delhi dairy colonies, Delhi Govt asks Delhi HC to allow continued ops [Read Judgment]

NEW DELHI: The Delhi Government has suggested to the Delhi High Court to allow the continued operation of two major dairies in Delhi, located near sanitary landfill sites, until 2025-26.

This development came after the Delhi High Court directed the government to consider relocating two of the capitals largest dairies - the Ghazipur and Bhalaswa dairies - to a new compound away from the landfill sites. 

The Chief Secretary of the Delhi Government has submitted that the cattle in these dairies can be prevented from eating hazardous waste at the landfill sites until 2025-26, and therefore there is no need to relocate the dairies. However, the Court was not convinced by this submission.

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Expressing its disapproval of the Chief Secretarys suggestion, the bench of Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora held, ...we are of the prima facie opinion that the suggestion of the Chief Secretary that the dairies at Ghazipur and Bhalaswa can continue to operate near the landfill sites and that they will not pose any threat to public health is incorrect.

Expressing concern over the fact that large numbers of cattle are found feeding on garbage from the sanitary landfill sites, and that the milk from these cattle is supplied to lakhs of consumers, the Court said, It seems that the Respondents are turning a blind eye to the irreparable harm that the milk produced in these dairies could cause to the health of the residents of GNCTD.

Some of the Courts crucial observations in these proceedings, filed by one Sunayana Sibal, include the fact that even suggestions made as far back as 2019 for streamlining operations of the dairy colonies in Delhi have not been implemented at the ground level to date.

The Court highlighted the findings of its appointed Court Commissioner in this regard, stating that conditions are the same, if not worse. 

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The bench noted, ...the reports of the Court Commissioner dated 14th May, 2023, and 23rd February, 2024, show that the decisions taken at the said meeting have not been implemented at the ground level, and it would appear that the state of affairs currently remains the same, if not worse.

In an earlier hearing, the Court noted that cattle in dairies situated next to landfill sites would feed on hazardous waste and their milk would have serious consequences for human beings consuming it. 

Taking judicial notice that frequent global outbreaks of Bovine diseases like foot and mouth disease, Bovine Herpes Virus, Parainfluenza, Bovine Respiratory Virus, Bovine Diarrhea, and many such diseases can spread like wildfire among animals, the Court concluded that milch animals have to be kept in the utmost hygienic conditions'.

It added that milk from these dairies is also being used for making a wide variety of products including powdered milk, formula foods for toddlers, and mithai (sweets) by various vendors.

On the widespread use of oxytocin on these milch cattle, the Court noted that, The pharmaceutical medicine Oxytocin is known to create side effects like uneven heartbeat, cardiac seizure, eye problems like blurred vision, early onset of menstrual cycle in girl children, and the growth of abnormal breasts in male children.

However, the Chief Secretary cited inadequate alternative land for relocation and ongoing efforts to clear landfill sites by 2025-2026. Therefore, the court passed a series of specific directives for the Ghogha Dairy Colony, where it proposed relocating the Bhalaswa and Ghazipur Dairies.

These directions include the installation of exhaust and ceiling fans for ventilation, the establishment of biogas plants, providing clean and hygienic housing for the cattle, access to clean water for them, proper licensing for existing dairies, functional veterinary hospitals near dairies, milk testing by the Food Safety and Standards Authority of India, and tracking sources of spurious oxytocin.

Accordingly, the Court directed the Chief Secretary to submit a detailed affidavit by the next date on the compliance of its directions.

Shocking findings of the Court Commissioner on inspection of Delhis dairy colonies

• Presence of solid waste overflowing in open drains all around the dairy colonies;
• Presence of solid waste on the road inside the dairy colonies;
• Milk Containers kept next to solid and wet waste of the cattle;
• Open Milk Containers with flies inside;
• Khal Bachas/stuffed face or body parts of a dead calf;
• Overcrowding of dairy units with very little space for the cattle to move;
• Hard, dirty and slippery flooring inside the dairy units;
• Calves tied separately from their mothers;
• Most calves appeared to be losing hair which was indicative of skin infections;
• Ropes around the neck of the cattle and calves tied tightly which restricted their movement;
• Unauthorized and illegal extensions of dairy units on the streets;
• Tying of cattle outside the dairy unit in the public street where they would excrete dung and urine;
• Rampant presence of empty plastic bottles with red/silver caps disposed of in drains and inside the dairy (some of the filled plastic bottles were seized with the help of Delhi Police and a few dairy owners admitted to using the same to increase supply of milk);
• Extreme hot and humid conditions inside dairy units without adequate ventilation;
• Most dairy units had no fans and/or exhaust fans and if present, some or most of them were not functional;
• Food given to the cattle was mixed with water and stored in an unhygienic manner with flies on it;
• Garbage dumped in the dairy colonies was on the road mixed with cow dung, used syringes and medicine bottles constituting bio medical waste, empty plastic bottles etc;
• No valid license available by any dairy owner and or/ tenant present at the dairy unit (except some of the dairy units at Nangli Shakrawati wherein the MTI had apprised the undersigned of valid licenses issued by MCD to some dairy owners who had paid Milch Tax up to date).

Mr. Vivek Sibal, Sr. Advocate with Ms. Smriti Sinha, Ms. Esha Dutta, Ms. Shaalini Agrawal, Ms. Shriyanshi Pathak, Advocates with Petitioner no. 1 in person represented the petitioner.

Cause Title: Sunayana Sibal & Ors v Government Of NCT Of Delhi & Ors

[Read Judgment]