The Punjab and Haryana High Court has sought responses from the Union of India and the State of Punjab regarding a petition that demands the supply of only prescribed-quality wheat under the National Food Security Act (NFSA). The petition, filed by the NFSA Depot Holders Welfare Association, was taken up by Justice Nidhi Gupta, who issued a notice of motion and scheduled the next hearing for November 25.
Moisture Content at the Center of Dispute
The association, represented by advocates Vijay K. Jindal and Vipul Jindal, has requested directions to ensure that wheat distributed through fair price shops maintains a moisture content not exceeding 12 percent. Additionally, the petitioners urged the authorities to discount any excess moisture between 12 and 14 percent at full value and to reject stocks with moisture content above 14 percent entirely.
The controversy revolves around the permissible moisture levels in wheat supplied under the NFSA. The association argued that the Government of India's procurement parameters and subsequent policy instructions mandate that only wheat meeting the prescribed quality standards should be distributed through the public distribution system. According to the petition, the moisture content should not exceed 12 percent, as per the government's procurement norms.
Regulatory Framework and Policy Instructions
The petition traces the regulatory framework to the NFSA, 2013, and the Punjab Targeted Public Distribution System (Licensing and Control) Order, 2016. It highlights that the Centre's procurement parameters specify a maximum moisture content of 12 percent. Furthermore, policy instructions issued on May 30, 2022, require real-time monitoring of moisture levels during receipt, storage, and issuance of wheat by technical personnel.
The association also relied on a Government of India policy instruction dated February 17, which states that moisture content exceeding 12 percent but up to 14 percent should be discounted at full value, and any stock exceeding 14 percent moisture must be rejected. Additionally, a State Government memorandum from February 18 and a Punjab Government foodgrain policy from March 20, 2025, were cited, which direct the procurement of good quality wheat as per the specifications issued by the central government.
Legal Notice and Inspection Findings
Prior to filing the petition, the association served a legal notice on May 10, calling upon authorities to ensure that the moisture content of wheat delivered to fair price shop owners does not exceed 12 percent and that the wheat conforms to fair average quality specifications. The petition further points to a visit by the Food Commission to fair price shops in Dhuri and Sherpur in Sangrur district on June 26, where technical aspects of the wheat were checked. Officials were subsequently instructed to take necessary corrective action.
The case has now been fixed for further hearing on November 25, with the High Court seeking responses from both the central and state governments.
