Madhya Pradesh High Court
Gulab Singh vs Union Of India on 15 June, 2021
Author: Chief Justice
1 WP-10083-2021
The High Court Of Madhya Pradesh
WP-10083-2021
(GULAB SINGH Vs UNION OF INDIA AND OTHERS)
1
Jabalpur, Dated : 15-06-2021
Heard through Video Conferencing.
Mr. Naman Nagrath, Senior Advocate assisted by Mr. Himanshu
Mishra, Advocate for the petitioner.
This writ petition in the form of Public Interest Litigation has been
filed by Mr. Gulab Singh praying for a direction to the respondents-
Union of India, Food Corporation of India, State of Madhya Pradesh and
Madhya Pradesh Warehousing and Logistic Corporation to take
immediate steps for proper storage and preservation of food grains,
procured by the State by spending public funds of thousands of crores of
rupees, lying out in open in different parts of the State, in view of
approaching rains.
Mr. Naman Nagrath, learned Senior Counsel for the petitioner has
invited our attention towards several news-paper reports published in
leading news-papers to show that in recent rains, a substantial quantity of
wheat got damaged after it was submerged with water. It is contended
that according to the information with the petitioner one million tone
wheat is lying in open in Jabalpur, Satna and Rewa regions alone.
Similar procurement has been made on MSP (Minimum Support Price)
by the respondents in all parts of the State. According to learned Senior
Counsel, it can be said upon a conservative estimate that not less than 10
million tones of wheat/food grains are lying in open in similar manner in
different parts of the State because of shortage of godowns with the State
Government, Food Corporation of India and Madhya Pradesh
Warehousing and Logistics Corporation. It is submitted that this is a
Signature
SAN
Verified
Not perennial problem. Whenever rains falls after harvesting of Rabi Crops,
Digitally signed by
SAIFAN KHAN
Date: 2021.06.16
11:30:53 IST
2 WP-10083-2021
it causes damage to a substantial quantity of wheat/food grains.
Therefore, respondents should take immediate steps in this regard.
Learned Senior Counsel placed reliance on the judgment of the
Supreme Court in the case of People's Union of Civil Liberties (PDS
Matters) vs. Union of India & others reported in (2013) 2 SCC 684
wherein the Supreme Court in Para-9 observed that millions of tonnes of
foodgrains are lying in open for years because of inadequate storage
capacity. Further reliance is placed on the order passed by the Division
Bench of this Court in WP-15363-2013 (Gulab Singh vs. State of
Madhya Pradesh & others) dated 19.06.2015, a writ petition earlier
filed by the present petitioner himself, wherein relying on the aforesaid
judgment of the Supreme Court in People's Union of Civil Liberties
(supra) this Court directed the State authorities to ensure that food-grains
are stored in proper manner to prevent them from exposure to natural
calamities and getting destroyed due to negligence.
Issue notice to the respondents.
Mr. Jitendra Kumar Jain, Assistant Solicitor General accepts
notice on behalf of respondents No.1 & 2/Union of India and FCI and
prays for time to seek instructions.
Mr. Purushaindra Kumar Kaurav, Advocate General assisted by
Mr. Swapnil Ganguly, Deputy Advocate General accepts notice on
behalf of respondent No.3/State.
Mr. Praveen Dubey, Advocate accepts notice on behalf of
respondent No.4/M.P. Warehousing and Logistic Corporation.
Learned counsel for the petitioner may provide one set of petition
and annexures to each of the counsels for the respondents.
Matter to come up on 23.06.2021.
In the meantime, it is directed that the respondent/State shall
Signature Not
SAN
Verified immediately conduct a survey in all districts of the State through
Digitally signed by
SAIFAN KHAN
Date: 2021.06.16
11:30:53 IST
3 WP-10083-2021
Collectors concerned and find out where the food-grains are lying in
open and take immediate remedial measure, and make necessary
arrangements, for their protection from rains, by use of tarpaulin/plastic
sheets or by any other similar material or make any other arrangement as
may be required, including by raising peripheral masonry walls and
submit a report thereabout in the Registry of this Court before the next
date of hearing.
(MOHAMMAD RAFIQ) (VIJAY KUMAR SHUKLA)
CHIEF JUSTICE JUDGE
[email protected]
Signature
SAN Not
Verified
Digitally signed by
SAIFAN KHAN
Date: 2021.06.16
11:30:53 IST
