BPL Issue 2010 Gujarat HC judgment
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Transcript of BPL Issue 2010 Gujarat HC judgment
SCA/3055/2008 1/6 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION No. 3055 of 2008
========================================================= SUO MOTU - Petitioner(s)
VersusSTATE OF GUJARAT NOTICE SERVED THRO' & 3 - Respondent(s)
========================================================= Appearance :Mr AMIT M PANCHAL Amicus Curiae for PetitionerMr KAMAL TRIVEDI Advocate General with Mr. PK Jani GP for Respondent(s) : 1-2Ms SHIVANI RAJPUROHIT for Respondent(s) : 3MR VD PARGHI for Respondent(s) : 4=========================================================
CORAM : HONOURABLE THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA
and
HONOURABLE MR.JUSTICE AKIL KURESHI 18th October 2010
ORAL ORDER (Per : HONOURABLE THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA)
1. Suo motu public interest litigation was instituted relating to
distribution of food grains to the families of below poverty line, as per
the directions of the Hon'ble Supreme Court in Writ Petition [Civil]
No. 196 of 2001 [People's Union for Civil Liberties v/s. Union of India
& Ors.]
2. The 3rd respondentANANDI, a nongovernment organization
is assisting the Court for implementation of the Hon'ble Supreme
Court's order on different Central and State Government schemes
SCA/3055/2008 2/6 ORDER
viz.,
[1] Antyodaya Anna Yojana [AAY];[2] Targeted Public Distribution System [TPDS];[3] Annapurna Scheme;[4] MidDay Meal Scheme [MDMS];[5] Integrated Child Development Scheme [ICDS];[6] National Maternity Benefit Scheme [NMBS];[7] National Old Age Pension Scheme [NOAPS]; and[8] National Family Benefit Scheme [NFBS].
3. Earlier, the Court discussed and noticed the manner in
which Antyodaya Anna Yojana [AAY] and Below Poverty Line [BPL]
schemes are implemented. On 27.09.2010, this Court sought specific
reply from the State in respect of the following three issues :
[i] Why should the burden of grinding/processing loss of about
500 gms. in each case of supply of fortified Atta be allowed to be
passed over to AAY card holders ?
[ii] Whey should more than 55% of foodgrains be supplied to BPL
card holders at a price rate at which the same is supplied to APL
card holders ?
[iii] The state of affairs with reference to the complaint made in
respect of fair price shop in the District of Amreli.
4. In reply, the State has taken the following plea
3.[a] With reference to the aforesaid Issue no.1, I respectfully say that
the State Government has taken a policy decision vide Government
SCA/3055/2008 3/6 ORDER
Resolution dated 13.10.2010, whereby it has been decided that in case of
AAY families instead of 18.50 kgs. Of fortified Atta, 19 kgs. of fortified
Atta would be provided at the same rate, ie., Rs. 38 per bag with effect
from 1.11.2010. in view of this, now there will be no question as regards the
burden of processing/grinding loss to be passed over to AAY families.
4. With reference to Issue no.2 above, I respectfully say that in case of
BPL card holders, the Central Government has not fixed the rate of
distribution price for the supply of 35 kgs. of wheat and rice by the State
Government to BPL card holders, as has been done in case of AAY card
holders. In this behalf, it is pertinent to note that vide office memorandum
dated 6.1.2001, the Central Government has, while issuing guidelines for
the implementation of Antyodaya Ann Yojna i.e., AAY, fixed the quantity
and the price/rate at which the food grains to be supplied ie., 25 kgs of
foodgrains @ Rs. 2/ per kg. for wheat and Rs. 3/ per kg. for rice. The
aforesaid quantity of 25 kgs. per AAY family was thereafter increased to
35 kgs. by the Central Government vide its communication dated
30.03.2002.
4.1 It is pertinent to note that on the basis of Planning Commission
Poverty estimates based on 199394, the number of BPL families
determined by the Central Government in the State for the supply of 35
kgs. of foodgrains, comes to tune of Rs. 21.20 lakhs [ie., including 8.098
lakh AAY families]. However, with a view to consider a wider and more
lenient spectrum of the poor in terms of food security, the State
Government supplies the stipulated quantity of 35 kgs. of foodgrains to as
many as 34.41 lakh families determined by the State as BPL families
including AAY families. In this behalf, it may further be noted that
Tendulkar Committee constituted by the Planning Commission, has
already estimated number of BPL families in the State of Gujarat in the
order of 34 lakhs families in its report based on Poverty Estimate of
Gujarat for the year 200405. Thus, the Central Government is required to
increase the allocation of foodgrains to the State of Gujarat, keeping in
SCA/3055/2008 4/6 ORDER
mine the said increase in the figure of BPL families. However, pending
such a decision of the Central Government, the State is already supplying
35 kgs. of food grains to 34.41 lakh families by treating them as BPL
families [including AAY families]. It is because of the said reason that a
part of the quantity of 35 kgs. of food grains is being made good from the
foodgrains meant for APL families and that is how about 53% of the said
35 kgs. of foodgrains are supplied to BPL card holders at a higher rate
than the one at which the remaining 47% of the foodgrains are being
supplied to them.
4.2 I further say that the aforesaid arrangement is affected in such a
manner that the average cost of food grains being distributed to BPL
families in Gujarat State comes to the tune of Rs. 4.72 per kg., whereby
the State incurs subsidy burden of Rs. 130 crore approximately per
annum. It is respectfully submitted that subject to the overall policies and
priorities of the State Government and looking to the needs of various
sectors, the State Government allocates available financial resources.
Thus, the extent of subsidy burden on account of provisions of subsidized
foodgrains to the BPL families is a policy matter. However, the fact
remains that the State Government is distributing almost half of the
quantity of 35 kgs. of foodgrains at the subsidized price meant for AAY
families.”
5. From the earlier affidavit filed by the respondentState, it
appears that the Central Government is providing wheat at Rs.
4.15p. per kg. to the State Government. The State Government,
thereafter, incurs expenditure of Rs. 0.89p. per kg. on the said wheat.
Therefore, the cost of procuring the wheat from the Central
Government comes to Rs. 5.04p. per kg. From the present Affidavit,
SCA/3055/2008 5/6 ORDER
we find that the State Government is distributing the foodgrains to
the BPL families in the Gujarat State at an average cost of which
comes to Rs. 4.48p. per kg. against the average procurement rate of
Rs.4.72p. per kg. Therefore, the cost of supply of wheat is less than
the cost at which the State Government procures the foodgrains from
the Central Government for the BPL families.
6. Learned counsel for the 3rd respondentANANDI [NGO]
referred to the Supreme Court's order dated 7.10.2004 in People's
Union's case [Supra] relating to “Integrated Child Development
Scheme” [ICDS]. By the said order, the Hon'ble Supreme Court
directed that services of contractors shall not be used for supply of
nutrition in AWCS and preferably ICDS funds shall be spent by
making use of village communities, selfhelp groups and mahila
mandals for buying of grains and preparation of meals. It is
informed that the State Government is still supplying prepared
meals through the contractors in violation of the Supreme Court's
order. However, it is not made clear as to whether any scheme has
been framed by the State for identification of 'SelfHelp Groups' or
'Mahila Mandals' for each village or for a group of villages. If the
Court is prohibiting contractors from supplying the nutrients to the
children under the ICDS, suitable alternative arrangement shall
SCA/3055/2008 6/6 ORDER
have to be made before passing such order.
7. We accordingly allow the 3rd respondent and learned
counsel for the State to file additional affidavit enclosing the copy of
the scheme(s), if any, prepared by the State identifying the “Self
Help Groups” and “Mahila Mandals” for buying the foodgrains and
for preparation of food and for supply to different Aganwadis.
8. Let a copy of this Order be supplied to the learned GP and
Mr. Amit M. Panchal, appearing on behalf of the 3rd respondent.
Post the matter on 24th November 2010.
{S.J Mukhopadhaya, CJ.}
{Akil Kureshi, J.}Prakash*