Bombay HC issues Writ of Mandamus to State Govt. for setting-up State Food Commission

Team SoOLEGAL 19 Sep 2019 3:01pm

Image courtesy: Bombay HC issues Writ of Mandamus to State Govt. for setting-up State Food Commission

A two-judge bench comprising of Chief Justice Pradeep Nandrajog and Justice Bharati Dangre of the Bombay High Court has directed the Maharashtra State Government on September 16 to constitute State Food Commission within a time period of four weeks.

The bench was hearing a batch of Public Interest Litigations (PILs) regarding the non-implementation of the provisions of the National Food Security Act, 2013.

The Maharashtra State Government has failed to constitute a State Food Commission despite the Act being implemented in the year 2013.

The bench while expressing their disappointment over the issue stated that “With regret, we note that for the last over six years, the State Govt. has taken no steps to constitute the State Food Commission in the State of Maharashtra”.

On July 24 this year, the Bombay HC had directed the State Government by way of a last and final opportunity to constitute the State Food Commission as enumerated under section 16 of the National Food Security Act, 2013. The Court had further warned the State Government that if it fails to do so, the Court would be compelled to constitute the same on its own, but to no avail.

The Court also observed that if the State Food Commission had been constituted by now then it could have been given directions to consider the grievances raised in the PILs and ensure through District Grievance Redressal Officers compliance with the provisions of National Food Security Act, 2013.

The two-judge bench also ruled that exercising jurisdiction under Article 226 of the Constitution seized with Public Interest Litigation, the Court has not to take over the task of implementing the provisions of statutes for this would be impossible for the Courts to handle. The duty of the Court is to pass suitable directions ensuring that the authorities contemplating by the Statutes are constituted and are functioning and discharge their duties and obligations in a dignified and appropriate manner.

Consequently, the Court opined to terminate the proceedings in such PILS by issuing a writ of mandamus to the Principal Secretary of the concerned Ministry to constitute the State Food Commission for Maharashtra within four weeks from the date of the present order.

The court, at last, directed the Principal Secretary to further ensure that necessary proposal is prepared by him and placed before State Govt. for necessary approval and notification.

Tagged: Bombay HC   Justice Pradeep Nandrajog   Justice Bharati Dangre   State Food Commission   Maharashtra State Government   Writ of Mandamus   PIL  
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