Swaraj Abhiyan General Secretary Ajit Jha S/O Late Yogendra Jha vs. Union Of India Ministry Of Agriculture And Farmers Welare Secretary

ITEM NO.301 COURT NO.5 SECTION PIL-W

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

Writ Petition(s)(Civil) No(s).857/2015

SWARAJ ABHIYAN Petitioner(s)

VERSUS

UNION OF INDIA & ORS. Respondent(s)

(WITH IA No.68433/2017-EXEMPTION FROM PERSONAL APPEARANCE and IA No.68477/2017-EXEMPTION FROM FILING O.T.)

Date : 09-08-2017 This petition was called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE MADAN B. LOKUR HON'BLE MR. JUSTICE N.V. RAMANA

• For Petitioner(s) Mr. Prashant Bhushan, AOR Mr. Rohit Kr. Singh, Adv. Mr. Devesh Kumar Agnihotri, Adv. Mr. T. Sudhakar, Adv. Amiy Shukla, Adv. Ms. Shakti Vardhan, Adv.
• For Respondent(s) Mr. K.K. Venugopal, AG UOI Ms. V. Mohana, Sr. Adv. Mr. Ajit Kumar Sinha, Sr. Adv. Mr. Rajiv Nanda, Adv. Mr. Mukul Singh, Adv. Mr. Raj Bahadur, Adv. Mr. R.R. Rajesh, Adv. Mr. G.S. Makker, Adv. Mr. Mukesh Kumar Maroria, AOR Ms. Diksha Rai, Adv.

Mr. Neeraj Kumar Sharma, AOR

Civil Supplies & Consumer Affairs Ms. Supriya Juneja, AOR

States of

RBI Mr. Jaideep Gupta, Sr. Adv. Mr. Kuldeep S. Parihar, Adv. Mr. H.S. Parihar, Adv. Digitally signed by SANJAY KUMAR Date: 2017.08.09 17:08:36 IST Reason: Signature Not Verified

A.P. Mr. Guntur Prabhakar, AOR Ms. Prerna Singh, Adv.

Bihar	Mr. Gopal Singh, AOR<br>Mr. Manish Kumar, Adv.
Chattisgarh	Mr. Aniruddha P. Mayee, AOR<br>Mr. Avnish M. Oza, Adv.<br>Mr. Chirag Jain, Adv.<br>Mr. A. Selvin Raja, Adv.
Gujarat	Ms. Hemantika Wahi, AOR<br>Ms. Jesal Wahi, Adv.<br>Ms. Puja Singh, Adv.<br>Ms. Mamta Singh, Adv.
H.P.	Mr. D.K. Thakur, AAG<br>Mr. Varinder Kumar Sharma, AOR
Haryana	Mr. Anil Grover, AAG<br>Dr. Monika Gusain, AOR<br>Ms. Noopur Singhal, Adv.
Jharkhand	Mr. Tapesh Kumar Singh, AOR<br>Mr. Mohd. Waquas, Adv.
Karnataka	Mr. V. N. Raghupathy, AOR
M.P.	Mr. Tushar Mehta, ASG<br>Mr. C. D. Singh, AOR<br>Ms. Sakshi Kakkar, Adv.
Maharashtra	Mr. Tushar Mehta, ASG<br>Mr. Nishant R. Katneshwarkar, AOR<br>Mr. Arpit Rai, Adv.
Nagaland	Mr. Edward Belho, AAG<br>Ms. K. Enatoli Sema, Adv.<br>Mr. Amit Kumar Singh, Adv.<br>Mr. K. Luikang Michael, Adv.
Odisha	Mr. Sibo Sankar Mishra, AOR
Punjab	Ms. Uttara Babbar, Adv.<br>Ms. Akanksha Choudhary, Adv.
Rajasthan	Mr. S.S. Shamshery, AAG<br>Mr. Amit Sharma, Adv.<br>Mr. Ankit Raj, Adv.<br>Ms. Ruchi Kohli, Adv.
Sikkim	Ms. Aruna Mathur, Adv.<br>Mr. Avneesh Arputham, Adv.<br>Ms. Anuradha Arputham, adv.

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	Mr. Amit Arora, Adv.
Tamil Nadu	Mr. B. Vinodh Kanna, Adv.<br>Mr. A. Sriram, Adv.<br>For Mr. B. Balaji, Adv.
Telangana	Mr. S. Udaya Kumar Sagar, AOR<br>Mr. Mrityunjai Singh, Adv.
U.P.	Mr. D.K. Singh, AAG<br>Mr. Anuvrat Sharma, Adv.<br>Mr. Vinay Garg, AOR<br>Ms. Komal Mundhra, Adv.<br>Mr. Saurabh Agrawal, Adv.<br>Ms. Alka Sinha, Adv.<br>Mr. Kamlendra Mishra, Adv.<br>Mr. Upendra Mishra, Adv.
Uttarakhand	Mr. Rajiv Nanda, Adv.
Puducherry	Mr. V.G. Pragasam, Adv.<br>Mr. S. Prabu Ramasubramanian, Adv.
Chandigarh	Mr. Chandra Prakash, Adv.<br>Mr. Vivek Singh, Adv.
A&N Islands	Mr. K.V. Jagdishvaran, Adv.<br>Ms. G. Indira, Adv.

UPON hearing the counsel the Court made the following O R D E R

Pursuant to the order dated 26.04.2017, State of Madhya Pradesh has constituted State Food Commission.

The Chief Secretary of State of Karnataka is present in Court. He says that the State Food Commission has been constituted.

As far as the State of Andhra Pradesh is concerned, the Chief Secretary is present and he says that the State Food Commission has been constituted.

As far as the State of Maharashtra is concerned, the Chief Secretary is present. He says that the State Food

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Commission has been constituted and suitable persons belonging to Scheduled Castes and Scheduled Tribes have been appointed.

The Chief Secretary of Bihar is present in Court. He says that two persons have been appointed to the State Food Commission which is now duly constituted.

In so far as the constitution of State Food Commission in Haryana is concerned, it is stated by learned counsel for the State of Haryana that the matter is actually being heard in the High Court and is now listed on 18.08.2017.

Although this writ petition is confined to ten States, we have brought it to the notice of the learned Attorney General that since we are dealing with Parliamentary Statute namely National Food Security Act, 2013, it would be appropriate if the provisions of the Act are faithfully implemented in all the States and the Union Territories of the country.

The learned Attorney General has assured us that the matter will be taken up with due earnestness and the provisions of the National Food Security Act, 2013 will be implemented in all the States and the Union Territories. All efforts will be made by the Central Government in this regard.

With regard to the issues pertaining to the MNREGA scheme and the Act, learned counsel for the petitioner says that there are only three issues that he would like

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to highlight namely:

(i) Delay in payment of wages and compensation;

(ii) Reduction in person days from States projection; and

(iii) Absence of social audit being conducted.

A detailed affidavit has been filed by the Union of India on 09.08.2017. A response to this will be filed during the course of the day by learned counsel for the petitioner.

List the matter for disposal on these three issues on 05.12.2017 at 2.00 p.m.

(SANJAY KUMAR-I) (MEENAKSHI KOHLI) (MADHU NARULA) AR-CUM-PS COURT MASTER COURT MASTER