Plea Challenges UP Govt's Order To Remove Eggs Stored In All Private Cold Storages Across State: Allahabad High Court Issues Notice

The Allahabad High Court has sought a response from the Uttar Pradesh Government on a plea challenging the direction issued by the Director, Horticulture and Food Processing that eggs stored in all private cold storage be taken out by 17.09.2022 and it be ensured that private cold storage do not store eggs.

The bench of Justice Manoj Misra and Justice Vikas Budhwar has also asked the Director Horticulture and Food Processing, Uttar Pradesh to re-examine its order in view of provisions of U.P. Regulation of Cold Storages Act, 1976, the Rules and Regulations framed thereunder, and may pass a fresh order by the next date.

Essentially, on September 13, 2022, the Director, Horticulture and Food Processing, Uttar Pradesh issued a direction in the form of an advisory to various District Horticulture Officers of the State; Superintendent of Government-owned gardens; and Potato and Vegetable Development Officers of the State in respect of handling and storage of eggs in the cold storages.

The said advisory letter mandated that only those eggs are to be stored in cold storage which complies with the BIS Standards and their storage should be in a separate compartment maintaining a specified temperature.

Now, on September 16, 2022, another advisory was issued directing the District Magistrate/Licensing Authority of all cold storages within the State of U.P. and all the Regional Deputy Director of Horticulture and District Horticulture Officers within the State that eggs stored in all private cold storages be taken out by 17.09.2022 and it be ensured that private cold storages do not store eggs.

Aggrieved by this, the Godawari Poultry Farmers Welfare Association moved the High Court with the instant writ plea challenging the direction dated September 16, 2022, arguing that if the direction is strictly complied with, then all eggs stored within the State of Uttar Pradesh would have to be taken out of the cold storages resulting in massive loss not only to the poultry farmers but also to the public at large and it may be a threat to food security.

It was also argued that as per the earlier direction (issued on September 13, 2022), there is no blanket prohibition on keeping eggs, and therefore, the kind of direction issued by the Director on September 16, 2022, is uncalled for and arbitrary as also violates fundamental right guaranteed under Article 19(1)(g) of the Constitution of India.

On the other hand, the Standing Counsel argued that storage in cold storage is governed by the U.P. Regulation of Cold Storages Act, 1976 as per which, only agricultural products as defined in Section 2 (a) of the 1976 Act can be stored in the cold storage and since the definition of agricultural produce does not include poultry product, therefore, storage of eggs in the cold storage would not be permissible, therefore, the direction issued is neither arbitrary nor without jurisdiction.

Against this backdrop, noting that the matter requires deeper consideration after inviting a response from the State respondents, the Court issued notice to the state authorities and posted the matter for further hearing on September 28, 2022.

"In the meantime, the second respondent (The Director, Horticulture and Food Processing Uttar Pradesh) shall re-examine the order dated 16.09.2022 in the light of the observations above and may pass an appropriate order which is to be placed before the Court by the next date," the Court further ordered.

Case title - Godawari Poultry Farmers Welfare Association v. State Of U.P. And 7 Others [WRIT - C No. - 28854 of 2022]

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