“Position in Delhi has become precarious”: Delhi High Court Directs Centre To Implement Home Ministry Notification on Movement of Medical Oxygen

“Position in Delhi has become precarious”: Delhi High Court Directs Centre To Implement Home Ministry Notification on Movement of Medical Oxygen
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The Division Bench of Delhi High Court comprising Justice Rekha Palli & Justice Vipin Sanghi has directed the Central Government for immediate implementation of the Home Ministry notification on movement of Medical Oxygen.

Mr Mehta has submitted that an order has been issued by the Ministry of Health & Family Welfare under Disaster Management Act for supply of oxygen. We are informed that local authorities of Panipat have obstructed the lifting of oxygen. Yesterday, oxygen supply from Faridabad was also obstructed. We direct the Central Govt to ensure strict compliance of allocation order dated 21 April, 2021 & its own order 22.04.2021 & our own order dated 21.04.2021.”, the order reads.

It also slammed the Officials for strict implementation of the order & remarked that non compliance would result in criminal action.

We also direct the authorities to ensure strict compliance. Non compliance of these orders is likely to result in grave loss of life & we want to notice non compliance of these orders would invite criminal action. We also direct the CG to ensure that adequate security is provided to lorries transporting the oxygen & that there is no obstruction on the way. ”, the Court further remarked.

The Bench passed the order pursuant to the urgent request of Advocate Rahul Mehra appearing for GNCTD upon receipt of SOS messages from various hospitals in Delhi about shortage of oxygen & on his request for creation of a para military force for supplying oxygen without any obstruction.

Piyush Goyal, Additional Secretary, Ministry of Home Affairs informed the Bench that 140 MT of oxygen was supplied to Delhi from Panipat.

Yesterday, some obstruction happened but till the evening we were able to supply more than 100 MT.”, Goyal submitted.

Justice Sanghi at this juncture posed a question to Mr Goyal about the current position with respect to supply of oxygen.

I spoke to the Nodal Officer, Delhi & he said that now there is a smooth flow of oxygen. When tankers start moving, there are times when the tankers get stuck in transit. However irrespective of this, we have been trying to ensure smooth movement of oxygen.”, Goyal submitted.

During the hearing Advocate Rahul Mehra informed the Bench that out of 140 MT of allocation oxygen, Delhi only received 80 or 82 MT.


Last night we passed an order on assurance given by SGI that he would be provided medical oxygen as per allocation made on 21.04.2021 today itself. We also take note of the concern expressed by Mr Mehra about supplying oxygen being instructed from the states where it is being produced & on the way. It appears that allocation is practically not being supplied & GNCTD has not got oxygen to the tune of 480 MT. It appears that 140 MT of oxygen is being allocated to be supplied by the plant of Panipat.”, Justice Sanghi remarked.

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