( 1 ) RULE. Shri Saurin Mehta, the learned Advocate for M/s Nanavati and Nanavati waives service of Rule on behalf of the respondent in Special Civil Application Nos. 14389 and 14870 of 2004. Shri J. S. Yadav, the learned advocate waives service for Rule for respondents in remaining matters of this group. With the consent of the learned advocates for the parties, all these matters are heard together and as the common questions of law and facts arise in all these special civil applications, they are being disposed of by this common judgment.

( 2 ) IN this group of petitions, the respective petitioners have prayed for an appropriate writ, order or direction declaring that the action of the respondents in preventing of use of BIS marking, more particularly, IS : 14543 : 2004 in respect of flexible pouches (sachets) of water manufactured by them as null and void, illegal, arbitrary and unconstitutional. The respective petitioners have also challenged the decision of the respondents in not renewing the licence for packaged drinking water in pouches. Though in the petition, the petitioners have challenged action whereby standards and specification for the packaged drinking water in IS: 14543 : 2004 has been restricted inasmuch as the container of packaged water in excess of 5 litres to be colourless and transparent and that it also requires that plastic container should be in conformity with IS : 15410 : 2003 ( Indian Standard Containers for Packaging of Natural Mineral Water and Packaged Drinking Water Specification), which in turn required plastic container to be colourless with 85 % transparency but the same is not pressed and it is submitted that petitions are restricted to the prayer with regard to flexible pouches only.

( 3 ) SHRI N. D. Nanavati, the learned Senior Advocate, Shri Y. S. Lakhani, Shri B. M. Mangukia, Shri D. D. Vyas, Shri M. J. Parikh, the learned advocates appear on behalf of the respective petitioners. It is the case of the petitioners that they were holding the valid licence to manufacture the packaged drinking water as prescribed under the Bureau of Indian Standards Act, 1986 (hereinafter referred to as the "act" for short ) and Bureau of Indian Standards ( Certification ) Regulations, 1988 ( hereinafter referred to as the "regulations" for brevity ). As per Notification dated 29th September, 2000 issued by the Ministry of Health and Family Welfare, amended by Prevention of Food Adulteration Rules in exercise of the powers under Section 23 of the Prevention of Food Adulteration Act, 1954 and thereby sub-rule 28 in Rule 49 has been added and the said Rule provides for the packaged drinking water and it prohibits the persons from manufacture, sell or exhibit fro sale packaged drinking water except under the Bureau of Indian Standards Certification Mark. It is the case of the petitioners that BIS Certification is issued by the respondent No. 2 which is empowered under the provisions of the Act to lay down several standards of security of the product and packing of the product and the Bureau of Indian Standards came out with revised standard for packaged drinking water in June, 2004 and accordingly, has come out with IAS : 14543 : 2004 which provides the standard of packing and packed drinking water. It is the case of the petitioners that a person who intends to use the aforesaid specification prescribed by Bureau of Indian Standard are required to obtain licence which is required to be considered by BIS under Section 15 of the Act and all the petitioners had obtained licence. It is the case of the petitioners that though the petitioners are meeting with all the specifications prescribed in the licence and meeting with specifications as per IAS : 14543 : 2004 which is standard specified by Bureau of Indian Standard, the respondents have taken a policy decision not to renew the licence hereinafter for packaged drinking water in the pouches and the decision has been taken that wherever licence is for