Bombay HC stays state’s kerosene distribution policy

NAGPUR: Nagpur bench of Bombay High Court on Wednesday granted an interim stay to Maharashtra government’s kerosene distribution policy under which four litres per person is supplied to urban areas while only two litres are given in rural areas. While directing the government for equitable distribution in both areas, the court asked it to reconsider policy within six weeks.
“We find state policy of inequitable distribution of kerosene that provides less quantity for rural households, is palpably arbitrary and irrational,” a division bench of justices Bhushan Gavai and Indira Jain observed while passing several strictures against the government for discriminating against rural households. The court cited its earlier orders of June 29, 2000, that had specifically stated there should be equal distribution of kerosene as the need was more in poorer strata of society, most of them are residing in rural areas.
The PIL was filed by Gadchiroli villager Kawduji Pund through counsel Firdos Mirza alleging discrimination in kerosene quota for rural areas. He contended that though requirement of kerosene was more in rural areas, the quota fixed by the government was of two litres per beneficiary per month compared to four litres in urban households. Of late, it was reduced to just 470ml.
The government cited reason of receiving reduced supply from Centre but the latter filed an affidavit stating that former was not picking up its share and therefore it had lapsed many times. The Centre informed the court that it supplied three litres per person to state without discriminating between rural and urban households. After the court sought explanation, the state on April 24 constituted a subcommittee under civil supplies and consumer protection minister Girish Bapat and sought time for taking a policy decision.
“From the subcommittee’s report, it seems the state is making attempts to justify the policy for higher quota to urban areas. The report demanded 40% more quota from present 28% from the Centre. It stated that if equitable quota is distributed, all beneficiaries would get just 600 ML and urban residents would be disappointed with less supply. We find the committee has not applied its mind to the core issue involved in the PIL and it leads to conclusion that urban residents are on higher pedestal,” the judges noted.
They added it was a matter of common knowledge that gas connections in cities were much more in numbers compared to rural areas and there are several families in the villages that don’t have them. “If kerosene is made available to villagers in sufficient quantity, their dependence on firewood would reduce and they would cut fewer trees which would be in the interest of environment too,” the court said.
What HC said
* Kerosene distribution policy is arbitrary and irrational
* Govt must ensure equitable distribution in rural and urban
* Govt making attempts to justify policy for higher quota
* Need for kerosene was more among poor in rural areas
* Gas connections more commonly available in cities
* Asks govt to reconsider policy in six weeks