IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.10154 of 2008 Date of Decision: 19.12.2008 Daljinder Singh and another Petitioners Versus State of Punjab and others Respondents CORAM:- HON'BLE MR. JUSTICE T.S.THAKUR, CHIEF JUSTICE HON'BLE MR. JUSTICE JASBIR SINGH Present: Mr.B.S.Bedi, Advocate for the petitioners Ms.Madhu Dayal, Additional Advocate General, Punjab Mr.A.D.S.Sukhija, Advocate for respondent No.2 Mr.Jatinder Kumar Kamboj, Advocate for Mr.Pradip Bhandari, Advocate for respondent No.4 Mr.Navdeep, Advocate for respondent No.5 ….. T.S.Thakur, C.J. (Oral) This petition has been filed in public interest. It prays for a mandamus directing the respondents to arrange proper covered storage space for the food grains procured by the State procurement agencies and the Food Corporation of India so as to save the procured stocks from being destroyed on account of high temperature, rainfall and other natural calamities, including the menace of rats and rodents. Civil Writ Petition No.10154 of 2008 2 A somewhat similar grievance came up for consideration before this Court in WP No.7265 of 2002 disposed off by a Division bench of this Court by order dated 2.3.2005. It was in that case also argued that on account of insufficient and unsatisfactory storage space available with the procurement agencies, a large quantity of food grains was getting destroyed with the result that employees of such agencies who were entrusted with the procurement and storage of the food grains were being proceeded against for shortage and loss. This Court had disposed off the writ petition with a direction to respondents No.1 to 3 to frame a policy to ensure that food grains are properly stored and are disposed of before the same suffer damage on account of prolonged or faulty storage or similar other factors. The relevant portion of the said order reads:- “On hearing the learned counsel for the parties, we observe that huge quantities of food grains are being destroyed on account of incorrect and prolonged storage and that employees of the agencies entrusted with the procurement and storage are being hauled up for disciplinary action. We, therefore, deem it appropriate to issue directions to respondent Nos.1 to 3 to frame a policy to ensure that food grains are properly stored and are disposed of before they suffer damage on account of prolonged or faulty storage or other factors. Needful be done within a period of six months. The writ petition is disposed of accordingly. Sd/- H.S.Bedi, Acting Chief Justice March 2, 2005 Sd/- Viney Mittal, Judge.” Civil Writ Petition No.10154 of 2008 3 Pursuant to the above direction, the Government of India have issued Policy Guidelines for proper storage and timely disposal of wheat stocks procured in Punjab and Haryana. A copy of the said guidelines has been produced as Annexure R-5/2. Paragraph 3.3 of the said guidelines deals with the storage of procured stocks in covered godowns while paragraph 3.4 deals with cover and plinth (CAP) storage of the procured stocks. The said two paragraphs may be usefully, extracted at this stage:- “3.3 The procured stocks shall ordinarily be stored in covered godowns. The procuring agencies shall take all precautions and ensure that the godowns used for storage of wheat do not have any leakage and there is no seepage. Pre-storage measures of cleansing/ chemical treatment/ fumigation etc. shall be done in advance of the storage of stocks. 3.4 Cover and Plinth (CAP) storage of the stocks shall be arranged only in extremely unavoidable circumstances. CAP storage shall be invariably on pucca elevated, dry and termite resistant plinths. CAP storage shall be erected in the shape of inverted ‘U’ letter of the English Alphabet and in the matter of size, dunnage, cover and lashing of the CAP, the respective norms given in the Quality Control Manual and other guidelines of the FCI shall be followed.” It is evident from a plain reading of the above that according to the guidelines, the procurement agencies have to take precautions and ensure that godowns used for storage of wheat do not have any leakage or seepage in Civil Writ Petition No.10154 of 2008 4 the same. Pre-storage measures of cleansing/ chemical treatment/ fumigation is also stipulated by the guidelines. Insofar as cover and plinth storage of stocks is concerned, the guidelines stipulate that such storage shall be resorted to only in unavoidable circumstances. CAP storage has to be on pucca elevated, dry and terminate resistant plinths. Insofar as the Policy guidelines in the matter are concerned, the same have been already issued at the proper level which if adhered to would save the procured grains from loss and damage. It is also clear from para 5.3 of the guidelines that FCI headquarters is required to review the position of lifting and outflow of wheat in Punjab and Haryana and stocks that are stored outside in the open have to be given preference in lifting and transport. Counsel appearing for the petitioner, however, argued that notwithstanding the existence of a Policy and the guidelines aforementioned, the authorities have failed to take care and ensure proper storage facilities for the grains, with the result that losses continue to occur. He urged that this Court could in public interest direct the authorities to provide suitable storage accommodation for the procured stocks. There is, in our opinion, no gainsaying that food grains that are procured from the farmers in Punjab and Haryana and even elsewhere ought to be properly stored in places that are safe against seepage, leakage and natural calamities. Having said that the question whether there is sufficient storage space available and whether any additions need to be made in the same, are matters to be examined by the authorities concerned. It would be difficult to direct that no sooner the stocks are procured the same must be lifted and stored to covered storage depots. There is always a time gap between actual procurement and movements of Civil Writ Petition No.10154 of 2008 5 the stocks procured to safe destination. The fact that some stocks are visibly stored outside in open at wooden crates, does not necessarily imply failure on the part of the government or agencies in taking good care of the procured stocks. Having said that, we expect the authorities to bestow their serious consideration to the question of adding to the available storage accommodation, if there is any deficiency to ensure that stocks are not exposed to vagaries of weather and consequent loss except in totally unavoidable and extreme circumstances. Beyond that we do not consider it necessary or proper at this stage to say anything on the subject. This petition is with the above observations disposed of leaving the parties to bear their own costs. (T.S.THAKUR) CHIEF JUSTICE 19.12.2008 (JASBIR SINGH) gk JUDGE