NEERAJ TIWARI Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. C.K. Sharma, learned counsel for the petitioner, Mr. V.K. Kapruwan, learned Standing Counsel for the Union of India and Mr. C.S. Rawat, learned Additional Chief Standing Counsel for the State of Uttarakhand and, with their consent, the Writ Petition is disposed of at the stage of admission.

(2.) The petitioner has invoked the jurisdiction of this Court, in larger public interest, seeking a mandamus directing respondents 3 and 4 to refrain from their plan of strategic dis-investment in the IMPCL at Mohan, and not to proceed with the dis-investment process, with respect to IMPCL, Mohan, District Almora, of a unit manufacturing high quality AYUSH Medicines; a writ of mandamus directing respondents 3 and 4 to consider the representations and letters sent to them with respect to dis-investment in IMPCL, and to provide a public hearing to all the stake-holders, especially the farmers of nearby areas whose entire livelihood is dependent on the functioning of the IMPCL Unit at Mohan.

(3.) The petitioner, a practicing Advocate at Haldwani, complains that the subject industrial unit is a profit generating unit; more than 500 farmers eke out their livelihood by supplying material to this industrial unit for manufacture of Ayurvedic and Unani medicines; if the move of the Government of India to dis-invest its holding (which is 98 per cent of the share capital) is permitted, it would then result in the said industrial unit being run by private players; as a consequence, there will be a multifold increase in the price of Ayurvedic and Unani medicines which would be against the larger public interest of ensuring that medicines, at reasonable prices, are provided to the public at large; both the Government of Uttarakhand, and the Ministry of Ayush, Government of India, have expressed their reservations regarding this move for dis-investment; and despite the views expressed, both by the Government of Uttarakhand and by the Ministry of Ayush, Government of India, the Ministry of Finance, Government of India is seeking to push through the dis-investment process which would affect the public at large, and would contravene larger public interest.