CHARU MAHANTA vs FOOD And CIVIL SUPPLIES, GOVT.OF ASSAM

THE present petition has been filed by some consumer activists regarding scarcity of kerosene oil in the State. THE Union of India, Indian Oil Corporation were made parties.

THE State of Assam has filed the counter but in absence of instructions, no counter has been filed on behalf of the Union of India as stated by Mr. K.M. Chowdhury, learned Standing Counsel. On perusal of the petition as well as Annexures, newspaper reports and affidavits we have no hesitation in holding that there is scarcity of kerosene oil in the State where it is produced in large quantity. From the additional affidavit filed in the case we find that scarcity is due to less allotment of kerosene oil by the Union of India. But unfortunately, as stated above no counter has been filed by the main party.

We have heard the petitioner in person, Mr. J. Singh, learned Counsel for the Govt, of Assam, Mr. K.N. Chowdhury, learned Standing Counsel, Union of India, and Counsel for the Indian Oil Corporation (IOC).

THERE is no dispute between the petitioner and the Govt, of Assam that total requirement is 25,000 M.T. kerosene oil per month whereas supply is far less from 18,000 to 22,000 M.T. It appears that the State of Assam have made representations to the Union of India regarding allotment, but inspite of repeated requests the allotment has not been increased. We are also not aware as stated above the procedure of such allotment.

IT is true kerosene oil is produced in the State but national oil benefit has to be given to all the States. But while giving such benefit there should not be any arbitrariness, and there should not be any feeling amongst the consumers in Assam that they are deprived. Therefore we are of the opinion that the suitable direction is to be given to the Union of India. Accordingly, we direct that Union of India in the Ministry of Petroleum before making such allotment shall have a committee constituted with representatives of the State of Assam who shall be present in the deliberations of the Committee and decide on the quantum allotment and thereafter on the basis of such allotment, the quota of each month shall be duly published in the newspaper by the State of Assam. A firm policy decision should be taken in this regard regarding the basis on which allotment has to be made State-wise and this decision should also made public at large by the Union of India. State of Assam is also directed to issue statement, press release every month regarding allotment of kerosene oil received through the IOC and AOD, and the basis of allotment made by the Union of India, and also the quantity for distribution in the State. Such press release or such information should go to the grass-root level and accordingly all the offices of the Panchayats of the State shall be kept informed every month. This act can be done easily through the concerned Deputy Commissioner/ Circle Officer of the areas. The State Government may consider having a committee at State level consisting of public representative to monitor distribution of kerosene oil received from the opposite parties. Such monitoring committee also be made both at the District level and the Sub Division level. A copy of this order may be furnished to all the parties including the Counsels. A copy of the order be sent to the Secretary, Union of India, Ministry of Petroleum, Sashtri Bhawan, New Delhi. With the aforesaid direction the petition is disposed of. Ordered accordingly.