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The Kerala High Court on Wednesday stayed the government order reducing the price of packaged drinking water from ₹20 to ₹13.
Justice PV Kunhikrishnan issued the stay order on a writ petition filed by the Kerala Packaged Drinking Water Manufacturers Association (KPDA), Kochi, and others challenging the order.
The court was of the prima facie opinion that the State government lacked jurisdiction in declaring packaged drinking water as an essential article under the Kerala Essential Articles Control Act, 1986, in light of the Food Safety Act, 2006, and consequently, the order regulating the price of the packaged drinking water was legally unsustainable.
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 also observed that the grievance 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 with a proposal to regulate the same in consultation with the Union of India.
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