Delhi govt’s doorstep ration delivery scheme can’t go ahead without L-G’S approval: HC

NEW DELHI: The Delhi High Court on Thursday said the AAP government’s doorstep ration delivery scheme, Mukhyamantri Ghar Ghar Ration Yojana, cannot be implemented in its present form as it has not been approved by the lieutenant governor (L-G) who has expressed his disagreement.

The court said the Delhi government is entitled to frame a scheme for the doorstep delivery of foodgrains or ration to the beneficiaries under the Targeted Public Distribution System (TPDS). However, it has to be implemented from its own resources in compliance with the prevailing laws.

A bench of Acting Chief Justice Vipin Sanghi and Justice Jasmeet Singh said any such scheme framed by the government should comply with all the requirements of the National Food Security Act (NFSA) and the orders issued under the Essential Commodities Act (ECA) and the doorstep delivery scheme, framed by the cabinet on March 24, 2021, does not comply with the provisions of the NFSA and the TPDS Order, 2015.

“In the facts of the present case, the impugned scheme for doorstep delivery of ration to the beneficiaries under the TPDS framed by cabinet decision no .... has not been approved or consented to by the LG and, therefore, in any event of the matter, the same cannot be implemented in its present form. Consequently, we allow these writ petitions and quash the three tenders issued by the respondents, and actions taken in furtherance thereof,” the bench said in its 174-page judgment.

The court’s verdict came on two pleas moved by petitioners Delhi Sarkari Ration Dealers’ Sangh and Delhi Ration Dealers’ Union, challenging the scheme on the ground that it seeks to bypass the existing fair price shop (FPS) owners or dealers in the matter of distribution of foodgrains and wheat flour (atta) at the doorstep of the TPDS beneficiaries.

“We have already found that the scheme is in breach of the statutory protection afforded to the existing FPS owners or licensees, and it is founded upon unsubstantiated generalised conclusion that all FPS owners or licensees are indulging in malpractices,” it said.

It said it is incumbent on the government to collect and collate data, including in the form of substantiated and investigated complaints from the beneficiaries, to establish the generalised allegation of non-issuance of commodity to the end-user beneficiary. However, none has been placed before the court.

The court found merit in the petitioners’ grievance that the actions of the Delhi government were actuated by “unfounded prejudice and bias”.

Meanwhile, official sources on Thursday said that the Delhi government will thoroughly study the high court’s Thursday order setting aside its doorstep delivery of ration scheme before considering the future course of action.

Will decide on next action after studying HC order: Delhi govt sources