Affects Citizens' Health & Causes Extreme Cruelty To Animals: Delhi HC Pulls Up GNCTD For Not Shifting Dairies Situated Near Sanitary Landfill Sites
The Delhi High Court criticised the Government of The National Capital Territory of Delhi for not shifting Bhalswa and Ghazipur Dairies to alternate sites, which are situated near the Sanitary Landfill Site (SLF).
The bench of Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora observed, “the State’s lack of will to shift Ghazipur and Bhalswa Dairy colony to an alternate site despite its proximity to the SLFs and its undeniable adverse effect on public health, shows that the decisions are being taken by the administration for considerations other than relevant and germane to public health.”
After perusing affidavits submitted by the authorities the Court said that there is a distinct impression that there is a lack of will in the State functionaries to stop the rampant violation of laws by the dairy owners in the nine dairy colonies situated near SLF in Delhi.
According to the Court, the violations by the dairy owners not only affect the public health of the citizens and residents who are consuming the milk being produced in these dairies but are also wrapped in extreme cruelty to the animals housed in these dairies.
The Court said that the Animal Husbandry Unit of GNCTD has prima facie, not only failed in discharging its primary function under the Prevention of Cruelty to Animals (Registration of Cattle Premises) Rules, 1978 of granting and regulating the licences to these dairies but has also failed to provide for functional and stocked Veterinary Hospitals in these nine dairy colonies.
The Court further noted that alternate land within Delhi or outside would be required for shifting the Ghazipur and Bhalswa dairies, and therefore, it found it necessary to have the presence of the Ministry of Housing and Urban Affairs, Government of India through its Secretary.
The Court impleaded Drugs Controller General of India, Central Drugs Standard Control Organization, working under the Directorate General of Health Services, Ministry of Health and Family Welfare, Government of India, Ministry of Fisheries, Animal Husbandry and Dairying, Government of India through its Secretary and Ministry of Housing and Urban Affairs, Government of India through its Secretary.
Finally, the Court directed the Delhi Urban Shelter Improvement Board (DUSIB) to file an application for vacation of the earlier order.
Cause Title: Sunayana Sibal v. Govt. Of NCT of Delhi
Appearance:
Appellant: Sr. Adv. Vivek Sibal, Adv. Smriti Sinha, Adv. Esha Dutta, Adv. Shaalini Agrawal, Adv. Shriyanshi Pathak and Adv. Siddharth Pandey
Respondent: Adv. Nipun Katyal, Adv. Dhananjai Shekhawat, Adv. Archit Jain, Adv. Rakesh Chaudhary, Adv. Sushaar Chaudhary, Adv. Biraja Mahapatra, Adv. Rajat Sharma, Adv. Nalin Hingorani, Adv. Parvinder Chauhan, Adv. Devika Singh Roy Chowdhury, Adv. Apoorva Chauhan, Adv. Jap Singh and Adv. Om Sharma
