The Kerala High Court on Wednesday stayed the government order reducing the price of packaged drinking water from ₹20 to ₹13.
Justice P.V. Kunhikrishnan passed the stay order on a writ petition filed by Kerala Packaged Drinking Water Manufacturers Association (KPDA), Kochi, and others challenging the government order slashing the price of bottled water.
The court was of the prima facie opinion that the State government lacked jurisdiction in declaring packaged drinking water as an essential article and consequent government order regulating the price of packaged drinking water was legally unsustainable.
The court pointed out that the State government lacked jurisdiction in declaring "packaged drinking water" as an essential article under the Kerala Essential Articles Control Act, 1986, in the light of the Food Safety Act 2006. Moreover "foodstuff" being scheduled as a commodity under the Essential Commodity Act 1955, it was beyond the scope of 'essential articles' as defined under the Kerala Essential Articles Control Act 1986.
The court directed the Central government to file an affidavit on the manner in which the prices of packaged drinking water could be regulated.
The court observed that the grievance raised by the Kerala Bottled Water Manufacturing Association was genuine. Packaged drinking water is now sold at different prices at different places. The State government should come with a proposal to regulate the same in consultation with the Centre.
