Will halt demolition of illegal structures in Bhalswa Dairy colony until Aug 16, MCD assures Delhi HC

New Delhi [India], August 13 (ANI): The Municipal Corporation of Delhi (MCD) on Tuesday assured the Delhi High Court that it will halt demolitions of illegal structures in Bhalswa Dairy colony until August 16.

The statement was made by MCD Counsel following concerns raised by a lawyer representing the colony’s residents about the civic body’s plans to proceed with the demolition of their structures.

The court had previously directed the MCD and other authorities to ensure the removal of unauthorised construction in all dairy colonies across the national capital.

The bench of Justice Manmohan and Justice Tushar Rao Gedela, taking note of the MCD’s counsel’s verbal statement, decided to address the matter on August 16. On that date, the court will also consider a petition concerning the condition of dairies in Delhi.

The matter was mentioned before the bench led by the acting Chief Justice.

Earlier, the Delhi HC had directed all 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 Bhalaswa to Ghogha Dairy colony within four weeks.

Delhi HC further said that the dairy plot allottees in all these colonies have illegally converted the use of these dairy plots into commercial and residential uses. The said change in land use is without any sanction of law. The construction of the superstructure on these dairy plots is also without any sanction of law.

These dairy plots were exclusively to be used as cattle sheds with a prohibition on converting the shed into a dwelling unit. Therefore, no equities can be claimed by the occupants of these superstructures, clarified the Delhi High Court.

While passing the direction, Delhi HC had stated that, in view of the inability of the statutory authorities including MCD and GNCTD to take action to stop the milch cattle from feeding on garbage from the sanitary landfills near Bhalaswa and Ghazipur, having considered the submissions of the counsel and having perused the correspondence of MoHUA, we find merit in the submission that since the estimate of land required for shifting of Bhalaswa Dairy Colony is 30 acres and admittedly, unutilized land to the extent of 83 acres is available in Ghogha Dairy colony.

Earlier, the Court had issued several directions in regards to maintaining hygiene in dairy colonies to ensure medical care of cattle kept therein and for use of spurious oxytocin and directed the Chief Secretary of Delhi to file a detailed affidavit indicating the road map for the future of the nine dairy colonies.

Earlier, the Delhi HC appointed Court Commissioner for the inspection of designated Dairy colonies of Delhi, where approximately one lakh buffaloes and cows are used for commercial milk production.

The court was hearing a Public Interest Litigation moved by the 3 Petitioners – Sunayana Sibal, Dr. Asher Jessudoss and Akshita Kukreja are alumni of the Ahimsa Fellowship. They are represented by senior advocate Vivek Sibal.

Petitioners highlighted alleged violations include gruesome animal cruelty such as tethering with extremely short ropes, intense overcrowding, animals made to lie on their own excreta, unattended and festering injuries and diseases, starving of male calves, mutilation of animals, etc.

The Petition also points towards heaps of rotting carcasses and excreta at several spots in the colonies and carcasses of calves dumped on public streets, leading to fly infestation and mosquito breeding. The non-therapeutic administration of antibiotics and the administration of injections of a spurious drug suspected to be Oxytocin was also highlighted. Oxytocin is a hormone used to induce labour pain in women and causes painful contractions in the buffaloes to increase milk letdown.

The Petitioners stated that maimed, mutilated as well as injured animals can be seen in unfathomable numbers. The gross environmental pollution and grave public nuisance due to poor waste disposal practices and endangerment of public health as a result of flouting several food safety norms is also highlighted.