All Karachi Milk Retailers Welfare Association through its President Versus District Co-ordination Officer 8, 21 others

Constitutional Petition No.D-225 of, 2007, decided on 6th March, 2007.

Result: Order accordingly.

ORDER

All the learned counsels representing various stakeholders i.e. Wholesalers, retailers and producers engaged in the business of milk were heard at some length.

2.Since fixation of the price is regulated and controlled under the Sindh Essential Commodities Price Control and Prevention of Profiteering and Hoarding Act, 2005, Petitioner and so also other stakeholders represented by Kazim Hasan and Sarfraz unanimously contended that no. Meaningful deliberation took place between the retailers, wholesalers and producers of milk on the one hand and the District Controller appointed/notified in terms of Section 2(a), ibid by the Government of Sindh and other relevant State functionaries. To resolve this controversy effecting public-at large instead engaging in long drawn legal battle, by consent it is ordered as follows:-

(1).It is directed that the District Controller appointed by the Government of Sindh in terms of Section 2(a), ibid shall convene and chair a meeting to be attended by the petitioner, respondents Nos.7 and 8, the Dairy Farmers Association, producers of milk, respondents Nos.10 to 21 represented by Mirza Sarfraz Ahmad, Advocate, the wholesalers, who shall nominate their representative and notify the name within seven days from today to the District Controller. Tetra Pack Milk Producers may also be associated in this deliberation meeting.

(2)The committee so constituted shall deliberate on all the relevant factors to arrive at just and fair price of the milk at the stage of production, wholesaler price and the retailers both in case of fresh milk and tetra pack milk in terms of Section 7 of the Act, 2005.

Notice of meeting be issued to producers of Tetra Pack Milk as well for the meeting.

(3)All the stakeholders as referred above shall attend the office of District Controller as nominated by Government of Sindh at Old Commissioner's House at 4:00 p.m. On 15.03.2007.

(4)On the first date of meeting the Committee shall plan out the relevant factors to be taken into consideration for determining fair price of milk at all three level i.e. Production, wholesale and retail. After taking into consideration all the relevant factors and due deliberation, the District Controller shall issue notification of fair price but not latter then 60 days from today and the minutes of the meetings of the committee so constituted shall be circulated to all the stakeholders. Copy of this order be supplied to Manzoor Ahmad.

(6)- The exercise of arriving at a fair price within the contemplation of section 7 shall be made within 60 days.

3.Mr. Manzoor also undertakes to examine regulating milk price of the milk at Lea- Market.

4.As regard licence of the milk seller City District Government, Karachi may take action for none- compliance of the licensing provision in terms of the policy as framed under item 61 to the VIth Schedule to the Sindh Local Government Ordinance in terms of Section 195, Sindh Local Government Ordinance, 2002.

5.Let the proceedings of the meeting be placed in Court before next date. Till final price is fixed the committee if consider appropriate may also fix interim price during intervening period upto date of issuance of Notification under Section 7 of the Act, 20,05.

6.Though the petition could have been disposed of in terms of above, however to obviate the apprehension of learned counsel for the petitioners and private respondents that the matter of fixation of price may not be unduly prolonged. Let the petition be fixed immediately after eight weeks on receipt of report of, committee as constituted in terms above.

7.Mr. Manzoor, learned counsel for CDGK that meeting is conducted fairly and in accordance with law.