Delhi Allocated Less Oxygen Than Demanded Quantity Than Other States In Covid-19 Fight: Delhi Govt Tells High Court

Delhi Government on Thursday submitted before the Delhi High Court that Delhi has been allocated less oxygen than demanded quantity than other states to fight the current Covid19 crisis.

A division Bench of Justice Vipin Sanghi and Justice Rekha Palli recorded submissions of Senior Advocate Rahul Mehra appearing for the Delhi Government and has asked the Centre to respond to the same.

SG Tushar Mehta objected to recording of various submissions, saying that these may not be recorded as it would raise panic, these submissions are making the discussion political. However the Court went ahead to record them and asked Mehta to reply to the points through an affidavit.

"If you have the confidence in your responses, have the confidence to place it on record." the Bench noted

The Court clarified that they are only recording it as Mr Mehra's submissions and are giving the Centre a day to respond. It noted that the figures are government figures as of April 21st.

"By no means are we interested in getting for Delhi more than what's required at the cost of another state. However, if the submissions of Mr. Mehra are to be accepted, the Centre needs to explain the chart" the Bench clarified.

While sharing a chart with figures regarding difference in allocation of oxygen by Centre to different states, Mehra shared figures of Haryana, Gujarat, Karnataka, MP and pointed out that every state got maximum 2-3% lesser than their demand.

"I rest my case at that." Mehra said.

Senior Advocate Rajshekhar Rao, appointed as the Amicus Curiae also flagged the issue that Madhya Pradesh's allocation from certain plants can be re-diverted to Delhi, instead of getting from Rourkela. He pointed out that Maharashtra and Madhya Pradesh have been getting more supply than what they've asked for.

"Of course, Maharashtra may be because it has the largest number of cases.Also, you may be making n number of beds but without oxygen they're pointless." Rao said.

The Court then told Mehta that he needs to explain the MP situation mentioned by the amicus, where he said that MP us getting more supply than their allocation.

"You will have to explain, if one state has demanded x, and other y but the other is getting more you need to explain, why?" the Bench asked

Mehta responded by saying that if they are being given more it is because of a surge there. Also, the Centre is doing what it can to help Delhi but they are unable to pick up the allocated amount and Centre is helping the state.

SG Mehta also asked Central government officer Mr. Goyal, to explain why MP was given more supply. The Court also asked him to share the figures.

Amicus Rao informed the Court that as of Apr 21, MP asked for 440 around MT, and got around 545 MT.

"Almost 25% more. We are not telling you to stop or give less supply there." Court said.

Rao shared figures for Maharashtra as well, which demanded about 1500 MT, and received about 1616 MT.

The Court also questioned Mr Goyal, from Centre why Delhi is out of line with MP and Maharashtra. SG Mehta responded and stated that MP's population is 3 times more than Delhi's, and the past 3 weeks there was a huge surge there.

The Delhi High Court has been hearing the matter concerning Covid 19 situation and supply of medical oxygen in the national capital.

The Court had on Wednesday told the Centre that Delhi has not been getting the amount of oxygen allocated to it by the Centre, and lives are being lost in the capital. The Bench also observed that Delhi did not the allocated quantity of oxygen even for a single day.

The Court had also said that it hopes that the Central Government would look

into the logistics problem being faced in transportation of oxygen from different plants to Delhi.

Edited by Srishti Ojha