prevent the violation of the provisions of The Prevention of Cruelty Act, 1960, Wild Life Protection Act, 1972, The Environmental (Protection) Act, 1986, Water (Prevention And Control of Pollution) Act, 1974

Chief Justice's Court            Civil Misc. Writ Petition No.62161 of 2009

Khoya Paneer Cream Milk Vikreta Welfare Society through its Secretary

Versus                    

Union of India and others

Hon'ble C.K. Prasad, C.J.

Hon'ble Pankaj Mithal, J.

In this writ application, petitioner has prayed for the following reliefs :

“i. Issue a writ, order or direction in the nature of mandamus declaring the provision of Prevention of the Food and Adulteration Act, 1954 on account of permitting the use of Recombined Milk, Toned Milk, Skimmed Milk, Condensed Milk, Milk Powder, Skimmed Milk powder, Infant Milk food to its citizen, as defined in A.11.01.02 to A. 11.02.18 in Appendix B under rule 5 Prevention of the Food and Adulteration Rules, 1955, in context of the definition of the Milk under A.11.01.01 and the provisions of Rule 44 of Prevention of the Food and Adulteration Rules, 1955, as ultra vires to the article 14, 19, 21, 38, 39 and 48 as well as article 51-A of the petitioner's farmers rights in our  constitution and is there obsolete, redundant and non-existent to the implications on account of the whole sale and production of the skimmed, condensed milk powder within the definition of the adulterated milk for the consumption of the citizens.

ii. Issue a writ, order or direction in the nature of mandamus the adequate guide lines to the  Respondents for dealing with the menace of the synthetic milk and discourage the use of skimmed milk powder for the production of the milk products. There must be the check and balance upon the indiscriminate use of the skimmed powder milk as it may be  disproportionate to the consumption and thereby providing a complete abrogation and subjugation to the production of the natural milk in the market otherwise the same may be classified as irrational classification which is prohibited under Article 14, 19 and 21 of the Constitution of India. The same is prohibited under the directive principles of the State Policy and as such this Hon'ble Court may tear the veil behind such discrimination between the poor farmer and a multinational company.

iii. Issue a writ, order or direction in the nature of mandamus declare the provision Permitting the sale of skimmed milk powder and the condense milk as violative of the provision of natural milk in The Prevention of Adulteration Act, 1954 as unconstitutional and ultra vires to the constitution of India as the said provisions are redundant, obsolete and based on irrational classification on account of the fact that now the industry of the milk product have been commercialized by the use of schemed and condensed milk sold to the public by the multinational companies and thereby resulting into demoralization to the people indulged into business of the animal husbandry.

iv. Issue a writ, order or direction in the nature of mandamus direction as to prevent the violation of the provisions of The Prevention of Cruelty Act, 1960, Wild Life Protection Act, 1972, The Environmental (Protection) Act, 1986, Water (Prevention And Control of Pollution) Act, 1974 and Municipal Law meant for the protection of the society from obnoxious biodegradable substance like Caracas and Sewerage problem due to ruthless killing of the animals by the butchers in discriminatory resulting in contravention to the provisions of sections 428 and 429 of Indian Penal Code or to issue any other suitable order or direction which this Hon'ble Court may deem fit and proper in the circumstances of the case.

We have heard Mr. Yogesh Kumar Saxena, learned counsel for the petitioner at a great length. He has also referred to a large number of decisions of the Supreme Court. He also insists that reason be recorded and every judgment on which reliance is placed, be discussed. We are of the opinion that the relief sought for in the present application is not fit to be granted. In sum and substance, petitioner's attempt is to ban production of various kinds of Milk i.e. toned, skimmed  etc. so that petitioner's member produce “natural milk” which would stop killing of animals. We are of the opinion that in the light of the relief sought for, no detailed reason is required to be given.

We wonder, how, in exercise of the power of judicial review, we can stop the production of milk of the kind enumerated above, in the absence of law.

Order Date :- 24.11.2009

VMA

(C.K. Prasad, C.J.)

(Pankaj Mithal, J.)