Research › Browse › Judgment

Supreme Court of India · body

1990 DIGILAW 356 (SC)

Common Cause (A) Regd. Society v. Union of India

1990-07-10

M.M.PUNCHHI, RANGANATH MISRA, S.C.AGRAWAL

body1990
ORDER : We have seen the affidavit filed by Mr. Ramachandran, Secretary to Government in the Food & Supply Department of the Government of Gujarat. The affidavit indicates that steps were taken within time indicated by this Court and the district forums in the State had been duly constituted. The Gazette notification in support of such constitution has also been produced. In these circumstances, the notice of contempt is discharged against the State of Gujarat. 2. Affidavit has been filed by the Secretary, Civil and Transport Department of Government of Arunachal Pradesh to the effect that as early as April, 1988, the State Commission has been constituted by Arunachal Pradesh and by separate notifications of 29th April, 1988 the district forums have also constituted. The affidavit indicates that the State Commission and the District Forums are already working. In view of this fact, the notices of contempt to the State and the Secretary in the Civil Supply Department of Arunachal Pradesh are directed to be dropped. The Secretary for the Civil Supplies of the State is present in the Court in terms of the order of the Court. 3. An affidavit has been filed by the Commissioner-cum- Secretary for Civil Supplies and Transport of the State of Jammu & Kashmir indicating constitution of divisional forums for J & K by notification dated 9th of March, 1989. It has been stated that the J & K Consumer Protection Act of 1987 instead of providing district forum as in the corresponding Indian Act, divisional forums are envisaged and according to the affidavit the two divisional forums have already been functioning. The State Commission has also been constituted under the notification of 29th November, 1989 and the Commission it is asserted in the affidavit is also working. In these circumstances, the notice against the State for contempt is dropped. 4. We have heard counsel for the State of West Bengal where only three district forums have been constituted till now. The State of West Bengal has 17 districts. It is the statutory obligation of the State of West Bengal to constitute 14 more district forums. In the affidavit which has been filed it has been indicated that on account of financial stringency they have not been able to provide forums in the remaining 14 districts. The State of West Bengal has 17 districts. It is the statutory obligation of the State of West Bengal to constitute 14 more district forums. In the affidavit which has been filed it has been indicated that on account of financial stringency they have not been able to provide forums in the remaining 14 districts. It is stated by counsel to us that money has now been allotted and the Maharashtra Pattern would be followed. Reliance is placed on the suggestion of Justice Eradi, Chairman of the National Commission that as a purely temporary and stop-gap arrangement the Maharashtra Pattern could be followed. That would mean one forum for two or three contiguous districts. Now that steps have been belated, we do not think it would be appropriate to think of a purely stop-gap arrangement. When a law has been enacted it is the obligation of the State to make it operative. Financial stringency would not be an explanation which the Court can accept as an excuse for not implementing the Act. We, therefore, direct the State of West Bengal to constitute the remaining 14 district forums within six weeks from today. Each of such forums should be made operative on or before 31.8.1990 and a compliance report shall be filed in the Registry of this Court by that date. Time upto that date is extended so far as West Bengal is concerned for complying with the requirement. A copy of this order shall be transmitted to the Chief Secretary of the State of West Bengal for action. 5. Justice Eradi had asked for time till August to submit his final report in terms of our earlier order. He shall be requested by the Registry to submit his report by 16th of August, 1990. 6. In course of hearing of the matter today, petitioner indicated that at several places no accommodation has been provided either for the location of the office or for residence of the members. The staffing pattern has not been approved and even of a pattern has already been there, actual provision for staff has not been made. In the remaining States which Justice Eradi would be visiting, we shall expect in his report reference as to whether provision for accommodation and staff has also been made. 7. The staffing pattern has not been approved and even of a pattern has already been there, actual provision for staff has not been made. In the remaining States which Justice Eradi would be visiting, we shall expect in his report reference as to whether provision for accommodation and staff has also been made. 7. In case Justice Eradi is of the view that the staffing pattern for his apex establishment is inadequate, it shall be open to him to indicate to the Court as to what would be the pattern he would like to have in order to make the National Commission more functional. 8. The matter is now adjourned to 21st of August, 1990 for final disposal. WRIT PETITION NO. 147 OF 1990 : 9. Issue notice returnable on 21st of August, 1990. The petition for interim orders is not pressed and is dismissed.