High Court Seeks Delhi Govt's Stand On Plea Over Non-Payment Of Margin Amount To Fair Price Shop Owners As Per National Food Security Act

The Delhi High Court on Tuesday sought the stand of the Delhi Government in a plea against non-payment of margin amount to fair price shop owners as per the mandate of the National Food Security Act, 2013.

Justice Yashwant Varma asked the counsel appearing for the Delhi Government to take instructions in the petition filed by Delhi Ration Dealers Union, comprised of more than 700 fair price shop owners, through Advocates Yash Aggarwal and Chitrakshi.

The petitioners place reliance on Section 22(4)(d) of the Act, which provides that the Central Government shall provide assistance to the State Government in meeting the expenditure incurred by it towards intra-State movement, handling of food grains and margins paid to fair price shop dealers, in accordance with norms as may be prescribed by the Central Government.

Reliance has also been placed on Rule 8 of Ministry of Consumer Affairs, food, and Public distribution notification dated 17th August 2015, which provides that the State Government shall ensure the payment of fair price shop dealers' margin in advance by way of adjusting the same in prices of food grains to be paid by fair price shop dealers, or through other appropriate mechanism.

It is thus the case of the petitioners that they have not been paid the margin amount from July of 2021 and are having difficulty in running their shops.

"That the respondents are obligated to provide the margin money in advance as per the provisions, but they have time and again failed to perform their duty. Despite repeated requests, respondents have not paid the margin money to fair price shop licensees," the plea reads.

The petition further avers that unnecessary delay in the payment of margin amount is violative of their fundamental rights protected by under Article 21 of the Constitution of India as the same has been impacting their lives and livelihood.

"That the respondents are in repeated habits of delaying the margin money which they are obligated to pay in advance to the petitioners, and petitioners have to move to high court time and again on a similar issue," the plea adds.

The plea also seeks a direction to pay the margin money in advance to the petitioners in the future without any delay.

GNCTD as well as it's Food Supplies & Consumer Affairs Department are added as respondents.

The matter will now be heard on January 20, 2022.

Case Title: DELHI RATION DEALERS UNION & ORS v. GOVERNMENT OF NCT OF DELHI & ANR