HC wants an oxygen distribution blueprint
Directs govt to take help of IIT-D, DTU to prepare a blueprint for storage and distribution of liquid medical oxygen
The Delhi high court on Wednesday said it appears that the Delhi government was not taking enough steps to create a buffer stock of liquid medical oxygen (LMO) in the city, and asked the administration to take the help of Iit-delhi and Delhi Technological University (DTU) to prepare a blueprint for its storage and distribution in the city.
Wednesday’s observation and direction by the bench of justices Vipin Sanghi and Rekha Palli came after a lawyer, appearing for one of the petitioners -- in pleas by lawyer-petitioner Rakesh Malhotra and several hospitals seeking directions for better facilities and the continuous supply of oxygen -- said that large static cryogenic tanks for storing LMO were available, and could be installed to create a buffer of the life-saving medical essential.
“We direct GNCTD (Government of the National Capital Territory of Delhi) to explore the possibility to get these tankers and create storage, this obligation is passed to both UOI (Union of India) and GNCTD. The Delhi government should consider taking help of IIT Delhi, Delhi Technological University (DTU) to prepare a blueprint of the supply and distribution infrastructure, LMOS and oxygen cylinders,” the bench said.
“GNCTD needs to provide the necessary areas where tanks need to be installed and also for purpose of transport and infrastructure LMO and cylinder,” the
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bench said, adding that it was the obligation of both the Centre and the Delhi government to get the job done according to the Supreme Court’s directions of April 30.
On April 30, the apex court directed the Centre to collaborate with all states to prepare a buffer stock of oxygen to be used for emergency purposes to ensure supply lines continue to function even in unforeseen circumstances.
After this, on Tuesday, the high court directed the Union government to collaborate with the Delhi government to set up a buffer stock of 100 MT of LMO in Delhi, or for supply to the Capital and neighbouring areas. It said that steps for the creation of the buffer stock should be taken in three days.
The lawyer who on Wednesday raised the issue of the cryogenic tanks, Aditya N Prasad, said that smaller tankers can pick up oxygen from the larger tanks and distribute it in the city. This, he said, would enable Delhi to not fall upon other states or the Centre for tankers to transport oxygen once buffer stock was created. He suggested that the tanks could be installed with the help of the army.
The court noted that it was for the Delhi government to explore all the possibilities for creating storage facilities for oxygen, and asked it to identify the necessary areas where such tanks can be installed.
Senior advocate Rahul Mehra, appearing for the Delhi government, told the court that in the last few days they have not got sufficient oxygen supply to make any storage possible, but hopefully things would become better in the coming days with the SC’S order of Wednesday directing the Centre to supply 700 MT oxygen every day. “We will work with the Centre, and we should be able to get it done,” he said.
The Centre’s counsel, additional solicitor general (ASG) Chetan Sharma, told the court that the armed forces are already facilitating the transportation of the tankers, and their resources are stretched. He also said that it has been decided in principal not to set up field hospitals and bring the army in civil administration.
To this, the court said, “Fair enough.” It asked the Centre to explore the possibility of using the civil and engineering wings of the army for assistance.
The court also sought to know the rationale of a Delhi government order directing small nursing homes to treat patients only on the ground and first floors, and not on the top floors.
Mehra said that this was a general direction for the fire safety norms.
He claimed that in the garb of the pandemic, the nursing homes have been flouting norms and admitting more patients than their capacity.
The court expressed surprise over the timing of the order. “Prior to the pandemic, they were taking patients and treating them on the top floor. You don’t ask them even as to how the operations are going on. This is a sword hanging on their (nursing homes) heads... At this time we are concerned only and only about patients,” the bench said.
The bench also said that the foreign aid, particularly medical equipment, was meant for people suffering from Covid-19, and not meant to be kept in boxes at some institution to become “junk”.