Gauhati High Court
Syeda Mehzebin Rahman vs Union Of India And 7 Ors on 5 December, 2022
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GAHC010089662021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : PIL/32/2021
SYEDA MEHZEBIN RAHMAN
D/O MOTIOR RAHMAN, R/O HOUSE NO. 8, MILANPUR 2ND MASJID ROAD,
CHANDMARI, GUWAHATI-781021
VERSUS
UNION OF INDIA AND 7 ORS.
REPRESENTED BY THE HONORABLE SECRETARY, DEPARTMENT OF FOOD
AND PUBLIC DISTRIBUTION, MINISTRY OF CONSUMER AFFAIRS, FOOD
AND PUBLIC DISTRIBUTION, KRISHI BHAWAN, NEW DELHI, PIN-110001
2:THE STATE OF ASSAM
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
GOVERNMENT OF ASSAM
FOOD
CIVIL SUPPLIES AND CONSUMER AFFAIRS DEPARTMENT
ASSAM SECRETARIAT
DISPUR
GUWAHATI
ASSAM
PIN-781006
3:THE DEPUTY COMMISSIONER
KAMRUP(M)
OFFICE OF THE DEPUTY COMMISSIONER
PAN BAZAR
GUWAHATI
ASSAM
PIN-781001
4:THE DEPUTY DIRECTOR
FOOD
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CIVIL SUPPLIES AND CONSUMER AFFAIRS BRANCH
OFFICE OF THE DEPUTY COMMISSIONER
PAN BAZAR
GUWAHATI
ASSAM
PIN-781001
5:GAUHATI MUNICIPAL CORPORATION
REPRESENTED BY ITS COMMISSIONER
PANBAZAR
GUWAHATI
ASSAM
PIN-781001
6:THE ASSAM STATE DISASTER MANAGEMENT AUTHORITY
REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER
ANCILLARY BLOCK
JANATA BHAWAN
DISPUR
GUWAHATI
ASSAM
PIN-781006
7:ASSAM STATE LEGAL SERVICE AUTHORITY
THROUGH ITS SECRETARY
8:DISTRICT LEGAL SERVICE AUTHORITY
KAMRUP METR
Advocate for the Petitioner : MS. D GHOSH
Advocate for the Respondent : ASSTT.S.G.I.
BEFORE
HONOURABLE THE CHIEF JUSTICE
HONOURABLE MR. JUSTICE SOUMITRA SAIKIA
ORDER
05.12.2022
(R.M. Chhaya, CJ)
The present Public Interest Litigation is filed by the petitioner wherein the
petitioner has prayed for the following reliefs:
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"(i) Issue a writ of mandamus directing the respondent viz. Food, Civil
Supplies and Consumer Affairs Department of the Government of
Assam to expeditiously and in a time-bound manner dispose of the
applications for ration cards made by 203 households of Uzanbazar,
Bharalumukh, Santipur and Bhutnath areas in Guwahati by issuing
ration cards to them;
(ii) Issue a writ of mandamus directing the respondent viz. Food, Civil
Supplies and Consumer Affairs Department of the Government of
Assam authorities to conduct a survey in the entire Kamrup(M) district
to identify poor households who do not have ration cards and to issue
ration cards to them and during the course of the survey invite
applications from such households through rigorous advertisement;
(iii) Issue a writ of mandamus to the respondent authorities to provide
foodgrains under the National Food Security Act, 2013 to poor
households who do not possess ration cards until and unless such
ration cards are not issued to them;
(iv) Pass any other such writ(s)/order(s)/directions(s) as the Hon'ble
Court may deem fit and proper in the interests of justice.
AND
During the pendency of this application, it is most humbly prayed that
this Hon'ble Court may kindly be pleased to pass the following interim
orders;
(i) Direct the respondent authorities to immediately provide
poor households without ration cards foodgrains for the next
six months at least in the same manner and to the same
extent as those households with ration cards;
(ii) Operate sufficient community kitchens providing two
meals with rice, dal and one sabji to all poor families across
the state for the next six months at least."
2. Heard Ms. D. Ghosh, learned counsel appearing for the petitioner. Also heard
Mr. R. Dhar, learned Additional Senior Government Advocate, Assam; Ms. L. Devi,
learned counsel appearing for the Union of India and Mr. H. K. Das, learned counsel
for respondent nos. 7 and 8.
3. The petitioner has predominantly averred that under the provisions of the
National Food Security Act, 2013 the households who have scrapped through the first
wage of COVID-19 pandemic should be given benefit thereof. It is the case of the
petitioner that the poor families residing in the slum areas of Bhutnath, Santipur and
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Bharalumukh in Guwahati Kamrup (M) District do not have ration cards for which a
representation dated 28.04.2021 was also submitted to the Deputy Director, Food Civil
Supplies and Consumer Affairs/Grievance Redressal Officer, Kamrup (M), on the basis
of which a survey came to be conducted. The petitioner has further averred that
similarly, another fact-finding enquiry was conducted by some NGOs in a slum area
called Masjid Path near Christian Basti on 28.04.2021. The said NGOs also conducted
another fact-finding enquiry in another slum area called Harijan Basti near Christian
Basti on 29.04.2021 and a common trend which was observed is that the families who
do not possess ration card have attempted to apply for ration card through the local
fair price shop but ration card has never been issued to them. It is also averred that
because of the second wave of COVID-19 pandemic, the poor families, particularly, the
daily wage earners have been drastically affected and although the Government of
India has introduced the Pradhan Mantri Garib Kalyan Anna Yojana (PMGKAY) to
support the families below the poverty line, the benefit of the PMGKAY scheme is
available only to the households having ration cards. It is contended by the petitioner
that although 203 families of Uzanbazar, Bhutnath, Bharalumukh and Santipur had
applied for issuance of ration card way back in 2017 itself, the same has not been
issued to them. It is also averred that in the States of Maharashtra, Chhattisgarh and
Kerala there are various schemes for distribution of free food kits to the needy
persons. It is contended by the petitioner that right to live with dignity and right to
health are guaranteed under the Constitution of India and, in pandemic situations
where poor people are compelled to lose their livelihood, it is incumbent upon the
State to provide necessary assistance to such section of people and make available to
them sufficient foodgrains and failing to do so would amount to violation of Article 21
of the Constitution of India.
4. Referring to Article 47 of the Constitution of India, it is contended by the
petitioner that a duty has been imposed upon the State to raise the standard of living
of its people and to improve public health. It is also contended that as per the
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provisions of the National Food Security Act, 2013 and Sections 3, 9, 10 thereof, in
particular, 5 Kilograms of foodgrains, per person, at highly subsidized rates for every
household identified as a priority household, and 35 Kilograms of foodgrains for every
household identified as Antyodaya Anna Yojana household are to be made available.
The petitioner has relied upon the judgment of the Hon'ble Apex Court in the case of
Swaraj Abhiyan vs. Union of India & Ors., reported in (2016) 7 SCC 498, to buttress
her argument.
Referring to Section 19 of the Disaster Management Act, 2005 it is further
contended by the petitioner that the State Government has not formulated any
guidelines regarding standard of relief to be provided to the poor daily-wage earners
and their families who are affected by COVID-19 pandemic. It is contended that there
is also not any District plan or catering to the needs of the daily-wage earners in times
of disaster. On these premises, the aforesaid reliefs are prayed for. The petitioner has
also enlisted the applicants who have applied for ration card and are still waiting for its
sanction, along with the representations filed by them from time to time.
5. On 14.06.2021, this Court passed the following order on 14.06.2021 in the
present PIL:
"The matter is taken up through video conferencing.
Heard Ms. D. Ghosh, learned counsel for the petitioner. Also heard Mr. D.
Saikia, learned Advocate General, Assam.
The State shall file a detailed reply in this case within two weeks. Let a copy
of the petition, with annexures be given free of costs to Secretary, District
Legal Services Authority, Kamrup (Metro).
Let the Secretary, District Legal Services Authority, Kamrup (Metro) shall
deploy its Para Legal Volunteers to the slum areas and the areas where
sections of marginalised families and other such families can be identified
who needs assistance in form of food grains and other materials in this
period of COVID-19 pandemic.
The Secretary, District Legal Services Authority, Kamrup (Metro) through its
Para Legal Volunteers shall identify such families who needs help in the
present Covid-19 pandemic and inform the Deputy Commissioner, Kamrup
(Metro), who shall after confirmation ensure that such families be given help
immediately, in form of food and other day to day support promptly.
List on 13th July, 2021."
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6. The respondent no. 3, i.e. Deputy Commissioner, Kamrup (M) has filed an
affidavit dated 14.07.2021 and has contended that the Food, Civil Supplies &
Consumer Affairs, Kamrup (M) has been issuing NFSA Rice @ 5 Kg per person, per
month to the priority households and @ 35 Kg per beneficiary of Antodaya Anna
Yojana (AAY) to the ration card holders, free of cost. Apart from this, rice @ 5 Kg per
person, per month, is issued under PMGKAY for both Antodaya Anna Yojana and
Priority Household beneficiaries. It is also averred by the Deputy Commissioner,
Kamrup (M) that it was brought to the notice of the Mayor, Gauhati Municipal
Corporation by an NGO, namely, YUVA, that though applications were submitted for
issuance of ration cards for 150 numbers of beneficiaries under the National Food
Security Act, 2013, however, ration cards have not been issued. In this regard, it is
averred that ration cards were not issued to be aforesaid 150 applicants as ration
cards are being issued by the Food, Civil Supplies & Consumer Affairs Branch of the
Office of the Deputy Commissioner and that the office of the Deputy Commissioner,
Food, Civil Supplies & Consumer Affairs Branch, has not received any application
forms/list of beneficiaries from the said NGO for issuance of ration cards under the
National Food Security Act, 2013. It is further contended that ration cards are issued
after following the guidelines as under:
"(i) The entire selection of beneficiaries would be done on approach i.e. the
poorest of the poor would be having the first right to be selected under AAY
category. For this, the desired consumers will have to apply by an application to
the Food, Civil Supply & Consumer Affairs Branch, office of the Deputy
Commissioner, Kamrup (M).
(ii) The income criteria for selection of beneficiaries for both urban & rural areas
under PHH category has to be less than Rs. 1 lacs per annum.
(iii) The selection should be made only on application which may be received in
plain paper but the same should be in prescribed format notified by the Govt. of
Assam "Proforma C" and the Assam Public Distribution of Articles Order, 1982 along
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with the following documents: (a) Bank Accounts details, (b) Aadhar Car, (c) PAN
Card, (d) Voter List, (e) Mobile number and (f) passport size photo in the
Proforma-C should be submitted to the concerned selection/scrutiny committee
who shall produce the same to the Deputy Commissioner, FCS & CA Branch and
the FCA & CA Branch will prepare and arrange for issuing Ration Cards tagging
with the area GPSS/FPS by uploading the same in the ERCMS database.
(iv) For rural areas the Gaon Panchayat will be the unit for selection of beneficiaries
@ 84.17% out of total population while in urban areas the unit will be the
Municipal Corporation/Municipalities and Town Committee who will select 60.35%
out of total population of the urban areas.
(v) All Inspectors of PCS & CA, Kamrup Metropolitan District shall exercise the
powers and functions of Authorised Officers in their respective areas of jurisdiction
of Urban and Rural areas, as the case may be and they will oversee the smooth
conduct of beneficiary identity process in Gram Sabha apart from ensuring display
of list of beneficiaries along with Electoral Roll and relevant records in Gaon
Panchayat Office, DC/SDO office, BDO office, Revenue Circle Office, Municipal
Corporation office, Municipal Board & Town Committee, it is required to be made
by the Secretary of the Gaon Panchayat and the designated officer as per Govt.
instruction. In urban areas the Executive Officer of the Municipal
Corporation/Board/Town Committee will receive claims and objections within the
stipulated period of time.
(vi) A Verification Committee will function in each Gram Panchayat areas of the
rural area comprising of the Secretary of the Gaon Panchayat, designated officers
and the Local Area Inspectors/Sub-Inspectors of FCS & CA, Kamrup Metropolitan
District. Similarly, in urban areas the Ward Councilor and the Member of the Area
Sabhas of a Municipal Ward and Local Area Inspector/Sub-Inspector, FCS & CA will
play a role of Verification Committee.
A. In urban areas the Scrutiny Committee for selection of beneficiaries in each
Municipal ward shall consist of following members:
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(i) Guwahati Revenue Circle/Dispur Revenue Circle - Chairman.
(ii) Area Inspectors/Sub-Inspectors, FCS & CA - Member.
(iii) Councilor of the respective Municipal Ward - Member.
(iv) Member of Area Sabhas of that Municipal Ward - Member.
(v) Any Lady Social Worker of the locality to be - Member nominated by
Chairman.
B. In rural areas the Scrutiny Committee for selection of beneficiaries in each Gaon
Panchayat areas shall be:
(i) BDO of the respective Development Block areas - Chairman.
(ii) Area Inspector/Sub-Inspectors, FCS & CA - Member.
(iii) Anchalik Panchayat member of the concerned - Member Gaon Panchayat.
(iv) President of the respective Gaon Panchayat - Member.
(v) Any Lady Social Worker of the locality to be - Member nominated by
Chairman."
It is also contended by the Deputy Commissioner, Kamrup (M) that under the
provisions of the National Security Act, 2013 the Central Government has sanctioned
8,39,000 Kg of rice @ 5 Kg per head, per month for distribution through fair price
shop dealers amongst the poor families who do not have ration cards, including
1,67,800 nos. of migrant labourers in Kamrup (M) district as a part of economic
measures under the Atmanirbhar Bharat Scheme taking into consideration the
extended lockdown due to outbreak of COVID-19 pandemic. Referring to the order
dated 14.06.2021, passed by this Court, time was sought for by the Deputy
Commissioner, Kamrup (M) for verification of the same.
7. An Additional affidavit-in-opposition is filed by the Deputy Commissioner,
Kamrup (M) on 05.08.2021 wherein the deponent has clearly brought on record the
guidelines issued under the National Food Security Act, 2013 and the procedure to be
followed for verification and scrutiny of the beneficiaries under the said Act. The
deponent in its additional affidavit has also given the data of distribution of foodgrains
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to the needy people during the lockdown period in the year 2020, as under:
Allocation during total lockdown in 2020:
1. Rice under Atma Nirbhar Bharat Scheme (for non-NFSA beneficiaries)
Month Allotment of Rile (Fig in qtls.)
May, 2020 8390
June, 2020
2. Gram Whole under Atma Nirbhar Bharat Scheme (for non-NFSA beneficiaries)
Month Allotment of Gram whole (Fig in qtls.)
April, 2020
June, 2020
3. Masur Dal under PMGKAY-I Scheme (for NFSA beneficiaries):
Month Allotment of Masur Dal
(Fig in qtls.)
April, 2020 1618.48
May, 2020 1618.48
June, 2020 1618.48
4. Gram Whole under PMGKAY-II Scheme (for NFSA beneficiaries):
Month Allotment of Gram Whole
(Fig in qtls.)
July, 2020 1618.48
August, 2020 1618.48
September, 2020 1618.48
October, 2020 1618.48
5. Rice under PMGKAY Scheme (for NFSA beneficiaries):
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Month Allotment of Gram Whole
(Fig in qtls.)
April, 2020 33741.00
May, 2020 33765.40
June, 2020 33782.70
July, 2020 33785.40
August, 2020 35077.25
September, 2020 25641.45
October, 2020 37014.00
November, 2020 34765.28
Allocation during Pandemic COVID-19 in 2021:
1. Rice under PMGKAY Scheme (for NFSA beneficiaries):
Month Allotment of Rice (Fig in qtls.)
May, 2021 36750.15
June, 2021 36734.50
July, 2021 36714.25
August, 2021 36805.00
August, 2020 35077.25
September, 2020 25641.45
October, 2020 37014.00
November, 2020 34765.28
,
8. It is also averred that over and above the aforesaid, the District Administration
of Kamrup (M), like other districts, has also provided food and other materials
amounting to Rs. 2,000/- per family, who were under Home quarantine, irrespective of
Below Poverty Line and non-Below Poverty Line families. It is contended that the
District Administration of Kamrup (M) has also verified 1815 nos. of families, in phase
manner, wherein it is revealed that 1221 families were without ration card, 331
families were having ration card, 24 families were above poverty line and 239 families
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were not traceable.
9. Another additional affidavit-in-opposition dated 09.11.2021 is filed by the
respondent no. 3, i.e., Deputy Commissioner, Kamrup (M), stating about the various
steps taken at various levels of the Government for the benefit of poor and needy
families. By another affidavit dated 25.03.2022, the Deputy Commissioner, Kamrup
(M) has contended that in absence of the Ward Commissioner in the district of Kamrup
(M), the Area Inspector, FCS & CA of respective jurisdiction shall conduct the
verification for identifying the beneficiaries for issuance of ration cards. It is also
contended by the deponent that the applicants who have applied for ration cards have
been requested to submit their applications along with the following mandatory
documents:
(a) Aadhaar Card.
(b) Photo of the applicant & Family members.
(c) Income Certificate.
(d) Voter ID-2011.
(e) Bank Account, etc.
However, it is averred that no such application in the prescribed format along
with the aforesaid documents has been received.
10. The petitioner has filed an affidavit-in-reply dated 21.09.2022 and has
contended that around 110 applicants, particularly residing in Uzanbazar area,
Guwahati, had submitted their applications in the prescribed format in the month of
April, 2022, amongst which 70 applications were verified by the Area Inspector of
Food, Civil Supplies and Consumer Affairs in the month of July, 2022. However, no
ration card has been issued to the families even to the families whose applications
have been verified. It is also contended by the petitioner that many families belonging
to marginalized and economically weaker section of the society residing in the district
of Kamrup (M) could not apply for ration card due to lack of certain documents such
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as Aadhaar Card, Income Certificate, Bank Account, etc., which are mandatory
documents.
11. In addition, pursuant to the order dated 14.06.2021, the respondent no. 8,
namely, Secretary, District Legal Services Authority, Kamrup (M) has filed an affidavit
dated 06.11.2013 dealing with the survey which was conducted as per the order of
this Court. It is averred in the affidavit that as per the survey conducted by the para-
legal volunteers, the total number of families identified so far, who were affected by
the COVID-19 pandemic, is 3483 households.
12. Ms. D. Ghosh, learned counsel for the petitioner has relied upon the aforesaid
factual matrix and has contended that though some households have received the
benefits provided by the Government in view of the COVID-19 pandemic, a huge
number of families are yet to be issued ration cards and the provisions of the National
Food Security Act, 2013 should be implemented in stricto sensu as all such persons
have fundamental right under Article 21 to live decent life. It is contended by Ms.
Ghosh that appropriate directions be issued.
13. Learned counsels appearing for the respective respondents have relied upon
the affidavits which are on record and have contended that appropriate directions be
issued.
14. Having considered the submissions made by the learned counsel for the
respondents and on the basis of the materials on record, it appears that some
attempts have been made by the authorities, including the Central Government and
the State Government towards resolving the issue involved in this PIL. As far as grant
of ration card is concerned, the needy applicants are required to follow the rules and
has to apply in Form-C along with the mandatory documents. As averred by the
petitioner, in cases where verification has already been done, the authorities should
process the same as expeditiously as possible. Grant of ration card requires individual
competence for the same and the rules thereof are strictly required to be followed.
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The authorities are also required to conduct survey, as prayed for, and after
identification of the beneficiaries, necessary steps for providing foodgrains under the
National Security Act, 2013 are required to be taken. As far as the period of COVID-19
pandemic is concerned, the affidavits filed by the Deputy Commissioner, Kamrup (M),
clearly indicates that adequate measures have been taken by the authorities and, in
light of the same, no further directions are required to be issued for distribution of
food as COVID-19 pandemic has also eased out. However, considering the reliefs
prayed for and having heard the learned counsel for the respective parties, in the
opinion of this Court, the following directions will subserve the interest of justice:
(i) The respondent authorities, more particularly, the Director of Food,
Civil Supplies and Consumer Affairs, Assam, and the Deputy
Commissioner, Kamrup (M), are hereby directed to verify each and every
application submitted for issuance of ration card as expeditiously as
possible and, after due verification, pass appropriate orders for grant of
ration card to such families who are found eligible in accordance with law.
(ii) The respondent authorities are also directed to implement the
provisions of the National Food Security Act, 2013 in its letter and spirit
and to provide foodgrains to the poor households, who do not possess
ration card, in accordance with law.
(iii) The respondent authorities shall publish an advertisement in local
newspapers informing general public as to who shall be the beneficiaries
under the provisions of the National Food Security Act, 2013.
(iv) The respondent authorities shall also notify the same outside every
Fair Price Shop, Office of the District Supply Offices and at prominent
places for attention of public at large.
(v) The respondent authorities shall take decision on the pending
applications for grant of ration card as expeditiously as possible,
preferably by 31.03.2023.
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With these observations and directions the present PIL stands disposed of.
JUDGE CHIEF JUSTICE
Comparing Assistant
