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The Delhi High Court said that the non PDS guideline issued by the GNCT placing a cap of 20 lakh on distribution of foodgrains to the beneficiaries as opposed to the over 2 crore population of Delhi was “an arbitrary and an ad hoc figure”.

The vacation bench comprising Justices Anup Jairam Bhambhani and Jasmeet Singh was hearing a plea challenging the non PDS guideline dated May 27, 2021,  issued by GNCTD which provides for food grain to be given out to people without ration cards as a one time relief measure in view of economic and other impact of the Covid Pandemic and the lockdown.

The  plea filed by NGO, Delhi Rozi Roti Adhikar Abhiyan seeking directions to the GNCTD to resume its scheme of providing dry rations under Mukhya Mantri Corona Sahayta Yojana to ensure poor and needy are not hungry in view of restrictions that had been imposed during the Pandemic.

Adv Trideep Pais for the petitioner submitted that during the first wave as per the data available with the petitioners, 65 lakh non PDS beneficiaries were given dry rations over and above 73 lakh beneficiaries.

He further submitted that despite the second wave being equally virulent and with equal impact, the govt had placed a cap of 20 lakh. Moreover, he relief being a onetime measure was not sufficient, there being a possibility of a third wave.

ASG Anuj Aggarwal appearing for GNCTD submitted that the Delhi Cabinet placed a cap in view of the fact that during the first wave a large number of migrants were homeless and required the scheme. He further stated that out of 20 lakh beneficiaries, 15.5 lakh ration kits have been availed. He further submitted that it is a matter of public knowledge that lockdown has been revoked and the consequences are also easing out.

The Court was however of the view that to cap the number of beneficiaries to 20 lac appears to be an arbitrary and ad hoc figure having regard to the fact that the population of Delhi is about 2 Crores.

The Court was of the view that at present it would exercise judicial restraint and await government action and expressed confidence that government will rise to its responsibility of providing foodgrains to the beneficiaries specially under the present circumstances.  

the Court further said “We are also not sure if the styling of the measure as a one time measure would serve the needy and would also expect the Delhi Cabinet to reconsider this aspect”.

The bench accordingly directed the GNCTD to file an affidavit before the next date of hearing on July 9, 2021.

  

 

Case Title: Delhi Rozi Roti Adhikar Abhiyan vs Union of India and Ors W.P.(C) 2161/2017