Uttarakhand High Court
Unknown vs Principal Secretary And Secretary on 31 October, 2020
Bench: Sudhanshu Dhulia, Ravindra Maithani
1
Reserved on : 12.05.2020
Delivered on : 31.10.2020
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Writ Petition (P.I.L.) No. 49 of 2020
(1) IN RE IN THE MATTER OF WELFARE OF POOR
FARMERS WHO ARE AFFECTED IN THE LOCK DOWN
....Petitioner
Versus
Principal Secretary and Secretary, Department of Agriculture
and others
...Respondents
Present: Mr. Murli Manohar Srivastava, petitioner in person.
Mr. S.N. Babulkar, Advocate General with Mr. Paresh Tripathi,
Chief Standing Counsel for the State of Uttarakhand.
Mr. Rakesh Thapliyal, Assistant Solicitor General of India
assisted by Mr. Sanjay Bhatt, Central Government Standing
Counsel.
Along with
Writ Petition (P.I.L.) No. 55 of 2020
(2) Dr. Ganesh Upadhyaya
....Petitioner
Versus
Union of India and others
...Respondents
2
Present: Mr. Sandeep Tiwari, Advocate for the petitioner.
Mr. Rakesh Thapliyal, Assistant Solicitor General of India
assisted by Mr. Sanjay Bhatt, Central Government Standing
Counsel.
Mr. S.N. Babulkar, Advocate General with Mr. Paresh Tripathi,
Chief Standing Counsel for the State of Uttarakhand.
Mr. Bhuwanesh Joshi, Advocate for the Food Corporation of
India.
Coram: Hon'ble Sudhanshu Dhulia, J.
Hon'ble Ravindra Maithani, J.
By the Court Today the entire global community is witnessing an unprecedented health crisis in the form of Covid-19 pandemic. This pandemic has also brought in its wake various other problems and complications in the society. One of which is the hardship being faced by the farmer in the harvesting and later transportation of the foodgrains.
2. Both these writ petitions, which are in the form of a Public Interest Litigation, raise the plight of farmers of Uttarakhand, who were facing difficulties in harvesting as well as disposal of the Rabi crop. This is as a result of the lockdown and the restrictions imposed by the State authorities.
3. We sought reply from the State Authorities and we must refer to our satisfaction that efforts were made at the end of the State Authorities to meet this problem of the farmers. On 21.04.2020, this court had passed following order in these writ petitions:
"Heard Mr. Murli Manohar Srivastava, petitioner in person in WPPIL No. 49 of 2020, Mr. Sandeep Tiwari, Advocate for the petitioner in 3 WPPIL No. 55 of 2020, learned Advocate General for the State Mr. S.N. Babulkar along with learned Chief Standing Counsel Mr. Paresh Tripathi, assisted by Mr. Anil Bisht, Standing Counsel for the State, Mr. Rakesh Thapliyal, learned Assistant Solicitor General of India assisted by Mr. Sanjay Bhatt, Advocate.
In these two petitions, what has primarily been raised before this Court is the difficulty being faced by the farmers, particularly farm labourers, small and marginalized farmers in these difficult times when the State is battling with COVID 19 pandemic.
Most of the concerns raised by the petitioners have already been met by the State authorities, which is contained particularly in the Government Order dated 16.04.2020 passed by the State of Uttarakhand. One pressing problem, however, remains, which concerns small and marginalized farmers regarding payment of their harvest. This concerns the payment of the price. Normally it will take more than a month for them to get the price of the crop they have harvested.
Considering these difficulty and also being conscious of the logistical and other problems of the State, we direct that the State must consider promptly, on urgent basis of giving from its own resources 50% of the minimum support price of the wheat procured from the farmers, who have given wheat upto 100 quintals, in the purchasing centre, within three days from the date of procurement. This shall atleast take care of urgent need of these farmers.
All the same, since we are also conscious of the fact that most of the amount will ultimately come from the Food Corporation of India, and we are not at the moment aware of the logistics and funds available with the State Government, we only direct the State Government to consider it, but consider it on urgent basis for release of this amount, as directed as above. We would wait for the reply of the State, before going further with the matter.
We also direct the counsel for the Food Corporation of India and Mr. Rakesh Thapliyal, learned Assistant Solicitor General of India to get instructions in this matter.4
List these matters on 24.04.2020 at 11:00 a.m."
4. On 24.04.2020, this Court had passed the following orders:
"Heard Mr. Murli Manohar Srivastava, petitioner in person in WPPIL No. 49 of 2020, Mr. Sandeep Tiwari, Advocate for the petitioner in WPPIL No. 55 of 2020, learned Advocate General for the State Mr. S.N. Babulkar along with learned Chief Standing Counsel Mr. Paresh Tripathi, assisted by Mr. Anil Bisht, Standing Counsel and Mr. Suyash Pant, Brief Holder for the State, Mr. Rakesh Thapliyal, learned Assistant Solicitor General of India assisted by Mr. Sanjay Bhatt, Advocate and Mr. Bhuwanesh Joshi, Advocate for the Food Corporation of India.
Pursuant to our order dated 21.04.2020, where we wanted to be apprised of the feasibility of payment to the farmers within three days, of atleast 50% of the foodgrains purchased by the State. We are extremely happy to note that the learned Advocate General and the learned Chief Standing Counsel have informed the Court today that the State has taken a step further on this. A statement has been made by the learned Advocate General that all the farmers who have given their wheat to the State Purchasing Centres will receive the entire amount within forty-eight hours to seven days of such purchase. This is an extremely welcome and praiseworthy step, and should come as a relief to the farmers in these hard times.
The learned counsel for the petitioner Mr. Sandeep Tiwari has made a further request that if weighing of foodgrains at the Purchasing Centres be also done on a Sunday.
Since we are not aware of the logistics, we would like the learned Advocate General to apprise us of the feasibility on this proposal.
List these matters on 29.04.2020 at 11:00 a.m."
5. Thereafter, on 29.04.2020, this Court had passed the following orders:
5"Mr. Murli Manohar Srivastava, petitioner in person in WPPIL No. 49 of 2020, Mr. Sandeep Tiwari, Advocate for the petitioner in WPPIL No. 55 of 2020.
Mr. S.N. Babulkar, learned Advocate General and Mr. Paresh Tripathi, learned Chief Standing Counsel assisted by Mr. Yogesh Pandey, Addl. C.S.C., Mr. S.R. Joshi, Standing Counsel, Mr. Anil Bisht, Brief Holder for the State.
Mr. Rakesh Thapliyal, learned Assistant Solicitor General of India assisted by Mr. Sanjay Bhatt, Advocate.
Mr. Bhuwanesh Joshi, Advocate for the Food Corporation of India.
We have been informed by the learned Advocate General Sri S.N. Babulkar and Sri Paresh Tripathi, learned Chief Standing Counsel, that the State is making prompt payment to the farmers for the wheat it has purchased.
List this case on 05.05.2020, for orders."
6. Now the crops have been harvested and also procured by the State Government or its designated agencies or persons. As we have been informed, the payment has already been made to the farmers, as per the statement of the learned Advocate General Mr. S.N. Babulkar and the learned Chief Standing Counsel Mr. Paresh Tripathi, we need to say nothing further on this. All the same, now the next crop i.e. Kharif is presently being harvested in the State of Uttarakhand. We have been informed that the minimum support price for rice has been announced by the State, but we are given to understand that now the major problem to be faced by the farmers is of shortage of weighing and procurement centres for these foodgrains. This in turn would entail long queues of foodgrain lorries where farmers have to wait endlessly for weighing and disposal of their foodgrains. Such a situation is not healthy in any situation, but particularly in the present Covid-19 pandemic it also entails health issues.
6We therefore dispose of the writ petitions with the directions that the State must have enough weighing centres and procurement centres so that the foodgrain is properly weighed and procured by the State and timely payment is given to the farmers of their harvest. The petitioners would be at liberty to apprise the State authorities in case they face such a situation.
(Ravindra Maithani, J.) (Sudhanshu Dhulia, J.) Avneet/