MCD assures Delhi HC to halt demolish of illegal structure in Bhalswa Dairy colony

The Municipal Corporation of Delhi (MCD) assured the Delhi High Court on Tuesday that it would halt the demolition of illegal structures in the Bhalswa Dairy colony until August 16. This assurance followed concerns raised by a lawyer representing the colony’s residents about the planned demolitions. The High Court had earlier directed the MCD and […]

by Anjali Singh - August 13, 2024, 5:15 pm

The Municipal Corporation of Delhi (MCD) assured the Delhi High Court on Tuesday that it would halt the demolition of illegal structures in the Bhalswa Dairy colony until August 16. This assurance followed concerns raised by a lawyer representing the colony’s residents about the planned demolitions.

The High Court had earlier directed the MCD and other authorities to remove unauthorized constructions in all dairy colonies across Delhi. The bench, comprising Justice Manmohan and Justice Tushar Rao Gedela, acknowledged the MCD counsel’s verbal statement and decided to address the matter on August 16. On that date, the court will also consider a petition regarding the condition of dairies in Delhi.

The issue was brought before the bench led by Acting Chief Justice Manmohan. The Delhi HC had previously instructed statutory authorities, including the MCD, Delhi Urban Shelter Improvement Board (DUSIB), Government of the National Capital Territory of Delhi (GNCTD), and the Ministry of Housing and Urban Affairs (MoHUA), to take immediate steps to relocate all dairies from Bhalswa to Ghogha Dairy colony within four weeks. The court noted that dairy plot allottees had illegally converted the plots into commercial and residential uses without legal sanction. The construction of superstructures on these plots was also deemed illegal, as the plots were exclusively designated for cattle sheds.

The High Court emphasized that no legal claims could be made by the occupants of these unauthorized superstructures. The court had previously expressed concern over the inability of statutory authorities to prevent milch cattle from feeding on garbage from sanitary landfills near Bhalswa and Ghazipur. The court pointed out that 83 acres of unutilized land were available in Ghogha Dairy Colony, which could be used for relocating the Bhalswa Dairy Colony.

In previous hearings, the Delhi HC issued multiple directions to maintain hygiene in dairy colonies, ensure the medical care of cattle, and prevent the use of spurious oxytocin. The court also directed the Chief Secretary of Delhi to file a detailed affidavit outlining a future road map for the nine dairy colonies. Additionally, the court-appointed a Court Commissioner to inspect Delhi’s designated dairy colonies, where around 100,000 buffaloes and cows are used for commercial milk production.

The court was hearing a Public Interest Litigation (PIL) filed by three petitioners—Sunayana Sibal, Dr. Asher Jessudoss, and Akshita Kukreja, alumni of the Ahimsa Fellowship, represented by senior advocate Vivek Sibal. The petitioners highlighted severe violations, including animal cruelty, poor hygiene, environmental pollution, and public health hazards in the dairy colonies. They pointed to overcrowding, animals tethered with short ropes, injuries, diseases, and the non-therapeutic use of antibiotics and spurious drugs like Oxytocin, which is used to increase milk letdown in buffaloes but causes painful contractions. The petition also noted the presence of rotting carcasses, excreta, and improper waste disposal practices, contributing to fly infestation, mosquito breeding, and public nuisance.