The Kerala High Court on Wednesday stayed a government order reducing the price of packaged drinking water from Rs 20 to Rs 13.
Justice PV Kunhikrishnan issued the stay order on a writ petition challenging the order by Kerala Packaged Drinking Water Manufacturers Association (KPDA), Kochi and others.
The court was of the prima facie opinion that in the light of the Food Security Act, 2006, the State Government lacks jurisdiction in declaring packaged drinking water as an essential commodity under the Kerala Essential Articles Control Act, 1986, and consequently, food In light of the Security Act, 2006, the price of packaged drinking water was legally unstable.
Further, “food articles” being prescribed as a commodity under the Essential Commodities Act, 1955 was outside the purview of ‘essential commodities’ as defined under the Kerala Essential Articles Control Act, 1986.
The court directed the central government to file an affidavit on how the prices of packaged drinking water can be controlled.
The court also observed that the complaint raised by the Kerala Bottled Water Manufacturing Association was genuine, as packaged drinking water is now sold at different prices at different places. The state should come up with a proposal to regulate it in consultation with the Union of India.
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