NAGRIK UPBHOGKTA MARGADARSHKA MANCH Vs. SECRETARY FOOD CIVIL SUPPLIES AND CONSUMER PROTECTION DEPARTMENT GOVT OF M P

JUDGEMENT

(1.) THE petitioner is an Association formed for protecting the interests of the consumers and has filed this writ petition as a Public Interest Litigation for issuing writs/directions for ensuring availability of milk in Jabalpur area at fair prices.

(2.) THE facts briefly are that the petitioner had earlier filed a Public interest Litigation, W. P. No. 4731/2006 stating inter alia that milk had been notified as an essential commodity under the Essential Commodities Act, 1955 (for short 'the Act'), but the State Government had not passed any orders fixing the price of milk. The Court passed an order dated 26-7-2006 directing the State government to fix the price of milk and milk products under clause (c) of sub-section (2) of Section 3 of the Act so that the weaker sections of the society are able to buy milk at a fair price. Pursuant to the said order dated 26-7-2006 of the Court, the State Government passed an order dated 24-8-2006 saying that after due consideration it was decided not to invoke Section 3 (2) (c) of the Act for fixing the price of milk. Aggrieved by the said order dated 24-8-2006, the petitioner has filed the present writ petition praying for a direction to the State government for fixing the price of milk at Jabalpur.

(3.) MR. P. G. Najpande, President of the Petitioner Association submitted that the petitioner has stated in Para 5. 6 of the petition that the rates at which milk is being sold at Jabalpur were Rs. 16/- per litre in the year 2003, rs. 17/- per litre in the year 2004, again Rs. 18/- per litre in the year 2004, Rs. 19/-per litre in the year 2005 and Rs. 20/- per litre in the year 2006. He submitted that the rate at which milk is being sold in Jabalpur is being increased by the private dairy owners every seven to eight months and the State Government has neither monitored the prices of milk nor controlled the increasing rates of milk at jabalpur as professed by the State Government in the order dated 24-8-2006. He submitted that in the return filed on behalf of the State Government, the respondents have not disputed the statements of the petitioner in Para 5. 6 of the writ petition that the rates of milk in Jabalpur has increased in the years 2003, 2004,2005 and 2006. He further submitted that it will be clear from a reading of section 3 of the Act and in particular clause (c) of sub-section (2) of Section 3 of the Act that the Central Government has sufficient power to pass an order for controlling the price at which any essential commodity including milk may be bought or sold. He further submitted that under Section 5 of the Act the Central government can direct that the power to make an order or issue notification under Section 3 shall, in relation to such matters and subject to such conditions, be exercised also by the State Government or such officer or authority subordinate to the State Government as may be specified in the direction. He submitted that the Central Government has vide Order No. G. S. R. 800, dated 9th June, 1978 directed that the power conferred on it by sub-section (1) of section 3 of the Act to make orders to provide for the matters specified in clause (c) of sub-section (2) of Section 3 in relation to foodstuffs may be exercised by the State Government subject to conditions specified therein. He submitted that milk is a foodstuff and therefore by virtue of the Central Government Order no. G. S. R. 800, dated 9th June, 1978, the State Government should pass an order under sub-section (1) of Section 3 read with sub-section (2) (c) of Section 3 of the Act providing for control of the price at which milk can be bought or sold in Jabalpur area.