Tamil Nadu Centre For Public Interest Litigation v. State of Tamil Nadu, (SC)
BS894464
SUPREME COURT OF INDIA
Before:-Mr. Dipak Misra and Mr. A.M. Khanwilkar, JJ.
Special Leave to Appeal (C) No(s).9839 of 2017. D/d.
8.5.2017.
Tamil Nadu Centre For Public Interest Litigation, Rep by K.K. Ramesh - Petitioner
Versus
State of Tamil Nadu And Anr - Respondents
For the Petitioner :- Mr. Gopal Shankarnarayanan, Advocate,(AC) Mr. Sujata Bhaduri, Advocate, Ms. Zeeshan Diwan, Advocate, Mr. Narendra Kumar Varma, Advocate, Mr. C.R. Jaya Sukin, Advocate and Mr. Saurav Arora, Advocate.
For the Respondent/Intervenor :- For Respondent(s) Mr. Aadish Agarwal, Sr. Advocate, Mr. N. Rajaraman, Advocate, Ms. Uma Prasuna B., Advocate, Mr. P.S. Narasimha, ASG, Mr. Subramonium Prasad, Sr. Advocate, Mr. M. Yogesh Kanna, Advocate, Ms. Nithya, Advocate, Mrs. Maha Lakshmi, Advocate and Mr. Partha Sarathi, Advocate.
Constitution of India, 1950 Article 21 Public Interest Litigation - Farmer's produce - Minimum support price - All farmers to be given tokens in advance with dates and times for bringing their produce and the entire process to be completed on the date fixed - Further directions issued - Ordered accordingly.
[Para 1]
ORDER
Mr. Gopal Shankarnarayanan, learned amicus curiae has filed brief suggestions relate to the realm of implementation. The said suggestions read as follows:
1. Ensure that MSP be fixed for all crops which are notified. In fact, while 7 out of the 26 crops have been notified for MSP, the actual MSP is fixed only for paddy and sugarcane.
2. Publicise the MSP well before sowing commences so that the farmers know what crops to grow.
3. Ensure that Fair Average Quality (FAQ) of the crop is reviewed to maximise the purchase of the produce.
4. Ensure that farmers do not have to queue for days with their produce spoiling in the open. Awareness
5. Tamil Nadu has 12,524 villages with 385 Panchayat Unions. The responsibility of ensuring that each Village Panchayat has received the information about the MSP will be on the Panchayat Union, who will be held liable if this is not done. Equally, responsibility of the sarpanch for not disbursing the information.
6. Direct increasing the number of godowns. There are only 58 godowns in Tamil Nadu, of which 14 are owned by the Food Corporation of India.
7. Disbursal of information through:
b. Tamil language newspaper
c. Village sarpanches and teachers
d. SMS - there are 72 million mobile phone subscribers for a population of 79.9 million
8. State's procurement centres ought to be established at a maximum distance of 3 km from the farms.
9. Verify and monitor the following for the 35,094 procurement centres:
a. They open at least a week before the harvest commences.
b. All farmers to be given tokens in advance with dates and times for bringing their produce and the entire process to be completed on the date fixed.
c. A handbook or protocol norms for the functioning of the Procurement centres to be submitted to the Court, which will include details on how a centre is set up, financed, staffed, how weighing and transportation is done, etc.
10. Disciplinary actions to be initiated and fines to be imposed on the Purchase Officers if there are violations of any of the above norms.
11. Surprise inspections to be carried out by a Central Committee set up for this purpose.
12. As there are massive delays in payments, efforts have to be made to ensure that the payment is done through electronic means or via the mobile phone, by using the least bothersome procedures.
13. FCI and TN Civil Supplies Corporation release district or block level date on procurement so that one can match procurement date with the locations where there is a higher incidence of farmer suicides. Report and Audit.
14. A Report be submitted by the State Government with an audit on water availability/misuse/ pilferage across the State and actions taken concerning the sand mafia.
15. Urgently direct for few technology adoption for paddy, such as direct seeding of rice, system of rice Intensification (SRI) and Alternate Wetting and Drying, that increases yields while saving water.
16. State should assist in good functioning of agriculture produce markets by ending the license-quota-raj. Farmers should be free to sell, contract with anyone they want without requirement of a "license"."
2. Mr. P.S. Narasimha, learned Additional Solicitor General appearing for the State of Tamil Nadu along with Mr. M. Yogesh Kanna, learned counsel shall file reply to the suggestions and apprise the Court how far they are being implemented and their reply shall also contain the policies in vogue in the State. That apart, a report be called for from the Member Secretary of the State Legal Services Authority with regard to the policies in vogue in the State of Tamil Nadu and also suggestions given by Mr. Shankarnarayanan; how far they are being implemented. The Member Secretary shall while submitting a report to this Court take the assistance of the District Level Secretaries so that report would be a comprehensive one.
3. Let the matter be listed in the first week of July, 2017.
4. The State shall put the policy documents in the official website if not already done. A copy of the order be communicated to the Secretary of Agriculture of the State as well as to the Member Secretary and all State Legal Services Authority.
.