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2021 DIGILAW 963 (SC)

Anun Dhawan v. Union of India

2021-10-27

HIMA KOHLI, N.V.RAMANA, SURYA KANT

body2021
ORDER : 1. Heard Ms. Ashima Mandla, learned counsel appearing for the petitioners, Ms. Madhvi Divan, learned Additional Solicitor General appearing for the Union of India and other learned counsels appearing for the States and Union Territories at a considerable length. 2. Learned counsel appearing for the Government of National Capital Territory of Delhi and Union Territory of Ladakh are directed to file their respective counter affidavits within a period of two weeks from today, without fail. 3. It is submitted by learned Additional Solicitor General that the issues which are raised in this Writ Petition with regard to creating community kitchens to take care of hunger deaths or malnutrition of children are under active consideration of the Union of India and they are awaiting expert reports on the subject. 4. We are of the considered view that until and unless the State Governments are involved with regard to implementation of the Scheme, it would be difficult to implement the same. 5. Under the circumstances, it would be appropriate that the Union of India should come out with some policy decision with regard to implementation of the Community Kitchen Scheme by taking into consideration the other similar Schemes relating to the community kitchen which are already in operation in different States. 6. We feel that there is a need to coordinate with the State Governments/Union Territories and their opinion should also be taken into consideration by the Union of India before finalization of the Community Kitchen Scheme. 7. In view of the above, we direct the Union of India to interact with the concerned stakeholders as well as for finalization of probable date of holding meetings with the State Governments/Union Territories on the subject. 8. During the course of hearing, we are informed that in five States viz. States of U.P., M.P., Maharashtra, Odisha and Bihar, the incidents of hunger deaths and malnutrition of children are reported. 9. In view of the above, learned counsel appearing for the States of U.P., M.P., Maharashtra, Odisha and Bihar are directed to file their respective short replies about the aforesaid issues and identify the Districts/Talukas/Villages where these deaths/ malnutrition have/are taking place, on the next date of hearing without fail. 10. Learned counsel appearing for the State of Manipur prays for and is granted two weeks’ time to deposit the costs. 11. 10. Learned counsel appearing for the State of Manipur prays for and is granted two weeks’ time to deposit the costs. 11. It is made clear that no further extension of time would be granted for the said purpose. 12. Learned counsel appearing for all those States which have not so far filed costs pursuant to Order of this Court are granted four weeks’ time from today for the said purpose. 13. The Registry is directed to invest the costs deposited by the States in an interest-earning Fixed Deposit Receipts on short-term basis in any Nationalized Bank with auto-renewal facility which gives more interest. 14. Learned counsel appearing for the State of Sikkim seeks exemption from paying remaining costs, which is rejected. 15. List the matter on 16.11.2021.