Ration Cards Can't Be Considered As Proof Of Address Or Residence: Delhi High Court

The Delhi High Court has observed that a ration card is issued exclusively for obtaining essential commodities from shops under the public distribution system and cannot be considered as proof of address or residence.

Justice Chandra Dhari Singh said that there is no mechanism setup by the authority issuing ration cards to ensure that the holder is staying at the address mentioned therein.

“Hence, as per the definition of the Ration Card, the intent of issuing the same is that it aims to distribute the essential food items by way of the fair price shops. Therefore, it does not amount to become an identity proof of residence for any Ration Card holder,” the court said.

It added that the aim of the ration card is to ensure that the citizens of this country are provided foodgrains at a reasonable price and is not reliable source of proof of address since the scope is limited to distribution of food items by way of Public Distribution System.

Justice Singh made the observations while dealing with the pleas moved by various jhuggi dwellers residing in city's Kathputli Colony seeking an alternative dwelling unit in lieu of their respective jhuggis.

In 2010, the Delhi Development Authority (DDA) conducted a survey and documents were submitted to its officials after which it commenced the re-development of the Kathputli Colony on a public private partnership basis.

A policy for formulated in 2014 to rehabilitate the Colony dwellers and the cut-off date was fixed as January 01, 2015. The DDA constituted bodies wherein the dwellers of various Jhuggis could file their claim for rehabilitation as well as an Appellate Authority to hear the appeals.

The claims for rehabilitation filed by the petitioners were rejected on the ground that their jhuggis did not exist and thus, their names were included in the list of ineligible slum dwellers.

The claim of one of the petitioners was rejected since he had failed to produce a separate ration card, which was mandatory for making alternative allotment as per the policy guidelines.

It was the petitioners' case that they had applied for Ration Cards, however, they were not issued the same by the Competent Authority.

Granting relief to the jhuggi dwellers, the court said that DDA had wrongly put reliance on the ration card as proof of address since it did not take into consideration the gazette notification issued by the Union Ministry of Consumer Affairs, Food and Public Distribution in 2015 (disallowing the use of ration card as a proof of identity or residence), definition of ration card as well as the intent behind issuance of the same.

“Keeping in mind the aforesaid circumstances, this Court is of the view that mere non-issuance of a Ration Card cannot be a ground for denial of the alternative allotment to the petitioners. The respondent should have introspected into the issue and accordingly, should have taken step to alleviate issues faced by the poor dwellers of the Kathputali Colony,” the court said.

It added that the mandatory requirement of separate ration card was arbitrary since it cannot be used as an address proof as directed by way of the Gazette Notification in question.

“Moreover, it is responsibility of the respondent that they should have introspected into the intent and motive behind issuing of the Ration Card which is distribution of food through Public Distribution System,” the court observed.

It concluded that the Delhi Slum & JJ Rehabilitation and Relocation Policy, 2015 has wrongly mandated that for rehabilitation of the dwellers of the first floor of the jhuggis there shall be a compulsory separate ration card issued in the name of the dwellers of the first floor of the jhuggis, especially in the light of the Central Government's gazette notification.

It added that the intent of issuance of Ration Card is distribution of essential food items by Public Distribution System and does not intent on being used as an identity proof or an address proof.

Justice Singh said that DDA shall consider other documents issued before the cut-off date i.e., 1st January 2015 as enlisted in the Delhi Slum & JJ Rehabilitation and Relocation Policy, 2015, including Passport, Electricity bill, Driving License, Identity Card etc.

Allowing the pleas, the court directed DDA to allocate an alternative dwelling unit in favor of the petitioners, subject to the condition that they produce the relevant documents issued before the cut-off, deposit the amount as stipulated as well as any other requirement as mandated.

Counsel for Petitioners: Ms.Sumayya Khatoon, Mr.Kamal Mehta, Advocates

Counsel for Respondent: Mr.Rajiv Shukla, Ms.Shivani Kapoor, Mr.Sahaj Karan Singh and Mr.Sanjay Kumar, Advocates for DDA; Ms.Shobhana Takiar, Standing Counsel for DDA with Mr.Kuljeet Singh, Advocate

Title: MOHAMMAD HAKIM AND ANR v. DELHI DEVELOPMENT AUTHORITY

Citation: 2024 LiveLaw (Del) 269

Click Here To Read Order