New Delhi, Aug 14 (PTI) The Delhi High Court has directed the city authorities to place its plan before it on expeditious allotment of plots in Ghogha Dairy Colony to those who are willing to shift there from Bhalswa.
It asked the authorities to also share the layout plan with respect to the permissible construction there for time-bound relocation as well as to ensure that primacy is given to the fact that sheds are for the welfare of the animals and are not for the residence of humans.
In an order passed on August 9, a bench headed by Acting Chief Justice Manmohan also granted interim protection from demolition to certain individual dairy owners in Bhalswa who are willing to relocate, subject to them making disclosures on affidavit in relation to the extent of construction on their respective plots, number of cattle owned and the likes.
The court asked the Delhi government and the Municipal Corporation of Delhi (MCD) to ensure that the master plan of Ghogha Dairy Colony, depicting the grazing area, bio gas plant, sewage and drainage facility and veterinary hospital, is placed before it, while also making Delhi Jal Board (DJB) and North Delhi Power Limited parties to the proceedings.
“GNCTD (Government of National Capital Territory of Delhi) and MCD are directed to place before this Court the plan for making expeditious allotments of plots in Ghogha Dairy Colony to the eligible dairy owners, who are willing to shift their cattle from Bhalaswa.
“The plan shall indicate all necessary requisites to be complied with by the allottees; such as layout plan for the permissible construction at the allotted plot and the connections to be granted by statutory authorities to the plot so as to enable re-location of the cattle in a time bound manner,” the bench, also comprising Justice Manmeet P S Arora, said.
It asked the MCD to bring a proposal for providing temporary shelter to the care-giver of the cattle at Ghogha Dairy Colony, while emphasising that the layout plan ought not to permit large scale construction.
“The layout plan proposed for permissible construction will ensure that primacy is given to the fact that these sheds are for the welfare of the animals and are not for the residence of humans. Thus, except for providing reasonably constructed space for the care giver of the animals in the plot, the layout plan ought not to permit large scale construction.
“This direction is necessary since the existing construction observed in the 8 dairy colonies shows that massive constructions have been carried out at the cost of the animals,” it said.
The court passed the directions on an application by ‘Bhalaswa Dairy Residential Colony Committee’. The plea was part of a petition regarding the state of nine designated dairy colonies in Delhi — Kakrola Dairy, Goela Dairy, Nangli Shakrawati Dairy, Jharoda Dairy, Bhalaswa Dairy, Ghazipur Dairy, Shahbad Daulatpur Dairy, Madanpur Khadar Dairy and Masoodpur Dairy.
Earlier, the high court had directed shifting of Bhalswa Dairy Colony in view of the “inability” of the statutory authorities, including the MCD and the Delhi government, to take action to stop the milch cattle from feeding on garbage from the sanitary landfills near Bhalswa and Ghazipur dairies, and also directed the removal of all unauthorised construction in all dairy colonies.
The applicant said it was aggrieved by the consequent direction of demolition/sealing passed by the competent statutory authorities as they would be rendered homeless.
In the order, the court took note of the “dingy” and “unhygienic” condition of the dairy units along the existence of commercial construction there and asked the applicant association to place on record individual affidavit of each individual it is representing with respect to their licences, extent of construction, the number of cattle held and the likes.
“The Local Commissioner has placed on record photographs of an open land in this colony filled with plastic and other waste where 10 carcasses of dead calves are seen and a stray dog eating the carcasses of the dead calves… The dingy condition of the dairy units has also been highlighted in the report as well as the photographs filed,” it noted.
The senior counsel for the applicant which was made a party to the proceedings said the dairy owners of Bhalaswa Dairy Colony are willing to relocate the cattle to Ghogha and would give an undertaking in this regard.
“The individual dairy owners who are ready and willing to re-locate their cattle to Ghogha Dairy Colony shall file an affidavit making following disclosures: the number of cattle owned by the dairy owner along with its tag numbers and the floor of the building on which the cattle is kept; Undertaking to shift the cattle to Ghogha Dairy Colony within the time granted by this Court; The extent of construction existing at the allotted plot i.e., ground floor, first floor, second floor, terrace, etc..,” the court ordered.
Subject to the affidavits being filed within the time granted, the court directed the MCD and the Delhi Urban Shelter Improvement Board (DUSIB) not to seal or demolish until the next date of hearing the construction on such plots where both dairies and residences co-exist.
“This interim protection is being granted only with respect to the plots of the deponents of the affidavits, who have undertaken to relocate the cattle,” it added.
The matter would be heard next on August 16. PTI ADS ADS KSS KSS
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