JHUNKA BHAKAR KENDRACHALAK SANGHATNA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) IN this batch of writ petitions, the petitioners have impugned Government Resolution dated 27th June, 2000, whereby the Zhunka Bhakar Scheme implemented in the State since 1st May, 1995 was closed down completely, taking into consideration the working of the scheme, which appears to have failed to achieve its objective. The petitioners have also impugned another Government Resolution of the same date, whereby the Government issued instructions regarding taking possession of the Zhunka Bhakar Centres after closure of the scheme. Writ Petition (Lodging) No. 1286 of 2000 was filed on 19th June, 2000, even before the impugned Government Resolution dated 27th June, 2000 was issued, since the petitioners had come to know from press reports, etc. that the Government was contemplating closure of the scheme. Subsequently, the petitioners sought leave to amend the writ petition and challenged the aforesaid Government Resolution after the closure of the scheme and the instructions issued pursuant thereto. Petitioner No. 1 in the aforesaid writ petition is an Association of the owner of the Zhunka Bhakar Centres of Mumbai, while the other petitioners are owners of Zhunka Bhakar Centres in Mumbai. The petitioners in the other writ petitions are owners of Zhunka Bhakar Centres of Mumbai as well as owners of Zhunka Bhakar Centres in the other parts of the State. The representative facts are taken from Writ Petition (Lodging) No. 1286 of 2000.

(2.) IT appears that the Government of Maharashtra was considering a scheme, whereunder the common man in the State of Maharashtra could be provided his staple food Zhunka Bhakar at an affordable price, so that the poorer section of the population could avail of this benefit and enjoy Zhunka Bhakar at a cheap price. Zhunka Bhakar is considered to be the common mans food in the State of Maharashtra, and it was envisaged that they would be provided at a cheap price two Bhakaris of Jawar of 50 gm. and one bowl of Zhunka. With this objective in view, the Government of Maharashtra had issued Government Resolution on April 27, 1995, declaring its decision to implement this scheme in the entire State from May 1, 1995. At all the centres run under the scheme, two Bhakaris of Jowar of 50 gm. and one bowl of Zhunka was to be made available to Re. 1. 00 only. The scheme was to be implemented at two levels, viz. the urban areas and the rural areas. In the first phase, 2,000 Zhunka Bhakar Centres were to be set up in the State, out of which 1,000 centres were to be set up in areas coming under Municipal Corporations and Municipalities, while the remaining 1,000 centres were to be located in the rural areas. The District Collectors were to supervise the scheme in their respective Districts and Zhunka Bhakar Centres were to be set up in sufficient numbers, keeping in view the need of the people. The scheme envisaged that the centres will be located at places visited by poorer section of the society and the labour class such as District Hospitals, Maharashtra, S. T. Depots and Stands, near railway stations, market yards, etc. Places for running such centres were to be given to stall holders. For running the stalls, preference was to be given to local Mahila Mandals, local voluntary organisations and the educated unemployed. Committees were set up under the chairmanship of District Collectors who were to allot such stalls to registered Mahila Mandals and voluntary organisations. The Committee was to ensure that the allottees had the capacity to run the centres themselves or under their supervision through the employees appointed by them. It was further envisaged that at the Zhunka Bhakar Centres set up in the areas coming under the Municipal Corporations/municipalities, other items of refreshment, including cold drinks, tea, coffee, etc. , could also be sold. However, these stalls were to be run primarily as Zhunka Bhakar Centres. The owners of the stalls were required to seek permission of the concerned authorities for sale of items other than Zhunka Bhakar. Since the owners of the stalls were required to supply Zhunka Bhakar at concessional rates, they were permitted to sell such other items, apart from Zhunka Bhakar, so that they could earn sufficient profit to run the stalls. In the urban centres, the owners of the stalls were not eligible for any other aid from the Government. In the urban areas, Zhunka Bhakar Centres were to be allotted land free of charge for construction of stalls by the State Government, and financial help was also to be given to them for the construction of stalls as per the sanctioned plan. A maximum of 200 sq. ft. of land was to be allotted to such stall holders on which the stall could be built up on an area of 120 sq. ft. The Government was to provide financial aid to the extent of 50% of the cost of construction of the stall or Rs. 25,000, whichever was less. It was made clear that the ownership right of the land so allotted was that of the Government and of the Municipal Corporation/municipalities, and the allotment of land was valid only so long as the Zhunka Bhakar Centres were run, supplying Zhunka Bhakar at the rate of Re. 1. 00 for two Bhakaris and one bowl of Zhunka. If it was found that the owners of the stalls were charging more than Re. 1. 00 or had suspended or stopped selling Zhunka Bhakar, the Government shall resume the land allotted to such owners of Zhunka Bhakar Centres. The stall holders were required to purchase from the open market the items required for preparing Zhunka Bhakar, such as jowar, chana flour, oils, etc. The scheme envisaged that at least 200 persons at each centre will benefit from the scheme everyday.

(3.) SO far as the Municipal Corporation of Greater Bombay is concerned, it issued a circular on 27th February 1996 laying down the procedure and guidelines for grant of permission to run Zhunka Bhakar Centres. It provided that Municipal premises for use of land required for setting up of Zhunka Bhakar Centres were to be allotted on licence basis free of cost or on nominal charge. The ownership of the land, however, was to remain with the Corporation. The licence was to remain valid only as long as Zhunka Bhakar was sold at the stall at the prescribed rate, and in case it was found that Zhunka Bhakar was not being served, the licence shall be revoked. In case of Government land, the Collector was to recommend the names for allotment of such land, and approval was to be granted by the zonal authorities on getting no objection from the Collector. The stall was to be erected having a wall of single brick masonry, the roof of A. C. sheet on iron framework and the shelf for the counters of block board but with aluminium top or lamination. The floor of the stall was to be at the ground level with IPS finish or marble mosaic tiles. The size of the Zhunka Bhakar Centres/stall were to be as prescribed in the Government Resolution. The permission for erecting stalls was to be given on temporary basis for a period of one year, and was to be renewed every year. It was also provided that such stall shall not be erected within the road lines existing or proposed. This condition was, however, subsequently relaxed, and permission could be granted for erection of stalls within the sanctioned/proposed regular line of roads in cases where the roads were not likely to be widened in the near future and subject to certain conditions contained in Circular dated 31st March, 1998. In cases where Zhunka Bhakar Centres were permitted on the land reserved for public purposes as and when such lands were required for development purposes, the stalls had to be shifted to alternative sites, and the owners were not entitled to claim any compensation in such event. In case of breach of conditions laid down by the Municipal Corporation or conditions laid down in the Government Resolution, the permission granted shall be revoked, and the stalls shall be removed by the Corporation without notice.