Boost for ration delivery scheme: HC allows govt to limit supplies to stores
NEW DELHI: The Delhi government’s ambitious door-to-door ration scheme received a shot in the arm, with the high court allowing the government to stop supplying foodgrains to fair price shops (FPS) for patrons who have chosen doorstep delivery over physical collection of ration.
A bench of justices Vipin Sanghi and Jasmeet Singh took note of submission by the Aam Aadmi Party government that supplies being made under the existing public distribution scheme (PDS) will have to be curtailed so that foodgrains could be distributed door-to-door for those who want it.
Since the government said that “an overwhelming majority has opted for supply of rations at their doorstep,” the bench said that authorities could supply only such quantities of ration to FPS that are required for those who want to collect it from shops, while the rest can be held back by the government for door-to-door delivery.
The court asked the government to share the details of ration cardholders who have opted to receive their rations at doorsteps instead of collecting it from shops with the FPS owners.
It has also recorded an undertaking by the Delhi government that beneficiaries of door-to-door scheme will also have the option of reverting to the old scheme of collecting their rations from the shops.
The Delhi government, in a statement on Thursday evening, said this meant that the scheme, which was being blocked by the Centre, was “greenlit” by the high court.
“The Delhi high court has greenlit the Kejriwal government’s doorstep delivery scheme in a setback to Centre and the LG (lieutenant governor). Despite being a much sought after scheme, the Centre through the LG rejected the ration delivery scheme one week before its commencement. This court order came after an overwhelming majority opted for supply of rations at their doorstep,” the statement said.
“The ration home delivery scheme ideated by the Delhi government was expected to be a game changer, which would have
helped curb the theft of ration and harassment of the poor by the ration mafia syndicates. This scheme, however, was rejected by the central government through the LG a week before its commencement. The Centre never objected to the scheme in court, but it did not let the scheme through, citing frivolous reasons at various points of time,” it added.
The high court order, dated September 27 but made public on Thursday, came on a petition by the Delhi Sarkari Ration Dealers Sangh -- a body of the fixed price
shop owners.
The ration shop owners moved the court in February challenging the tenders issued for the doorstep delivery scheme. However, the petition was amended on March 18 to challenged the ration delivery scheme with the association demanding that it should be declared ultra vires (beyond the scope of legal power).
On March 22, the court directed the Delhi government not to stop or curtail the supply of foodgrains or flour, to the members of the petitioner association, for operationalising the doorstep delivery.
However, the court modified its order on September 27, allowing the government to stop supplying foodgrains to FPS to the extent of food grains for those who have chosen doorstep delivery over physical collection of ration.
Appearing for the Delhi government, senior advocate Vishwanathan, argued that the scheme has not been stayed by the court. He submitted that the court had only passed an interim order of protection in favour of the petitioner association as it was pointed out that on March 8, the Delhi government had issued an e-mail communication stating that the supplies to be made to the existing PDS distributors was to be stopped, so that food grains could be distributed door to door by another agency.
The LG’S office did not comment on the matter.
The high court will now hear the case on October 27.
Nearly 7.2 million people in Delhi are eligible for subsidised food, including 1.7 million ration card holders and nearly 3 million priority households, besides other food insecure categories identified by the Delhi government.
The Delhi government’s doorstep delivery of ration scheme has been stalled due to differences between the Delhi government and the Centre. The scheme was to be launched on March 25, but the Union food and consumer affairs ministry wrote to the Delhi government on March 19 raising two objections— the use of the term “mukhyamantri (chief minister)” for a scheme involving the distribution of food grains allocated under the National Food Security Act (NFSA), and that any change in the delivery mechanism requires an amendment in NSFA that can be done only by Parliament.
The Delhi government, on March 24, passed a Cabinet decision to remove the name “Mukhyamantri Ghar Ghar Ration Yojna” for the scheme and to implement doorstep delivery of ration as part of the existing NFS Act, 2013.
In June, the government sent the file back to LG, contending that its provisions are in accordance with the NFS Act, and that it will simultaneously implement the Centre’s “One Nation, One Ration Card” scheme.