Delhi High Court Seeks GNCTD Response On Plea Challenging 20-Lakh Cap For Non-PDS Beneficiaries

The Delhi High Court on Friday sought response of the Delhi Government on the issue of revising the number of non-PDS beneficiaries under its scheme for providing adequate food grains to people without ration cards. The scheme was launched as a one-time relief measure in view of economic impact of the Covid-19 pandemic.

The High Court had earlier observed that capping the number of non-PDS Beneficiaries to 20 lacs is prima facie arbitrary.

A division bench comprising of Chief Justice DN Patel and Justice Jyoti Singh has now granted time to the GNCTD for filing their response on the aforesaid aspect while posting the matter for further hearing on August 27.

The development came after the Delhi Government was directed by a vacation bench comprising of Justice Anup Jairam Bhambhani and Justice Jasmeet Singh to file an additional affidavit on the Cabinet's decision for revising the number of non-PDS beneficiaries under the scheme in question.

Noting that the affidavit is yet to be filed, the Court granted time to the GNCTD as per the directions of the earlier order dated 25th June.

The Court was hearing a plea filed by Delhi Rozi Roti Adhikar Abhiyan challenging the non-PDS guidelines dated 27 May 2021 issued by NCT of Delhi which provided for food grain to be given to people without ration cards as a one time relief measure in view of economic and other impacts of Covid-19 pandemic and consequent lockdowns.

Forming a prima facie observation that the policy appears to be arbitrary and an ad hoc figure, the vacation bench had earlier said that even on a broad brush basis to say that there are only 20 lacs non PDS Beneficiaries looking for food grain under the Delhi Government's guidelines will be a substantial under-estimation.

"We are prima facie of the view that to cap the number of non PDS Beneficiaries to 20 lacs, appears to be an arbitrary and ad hoc figure." The Court said.

Furthermore, it had said:

"We would remind the Delhi Government that the scheme for providing free food grain is part of the State‟s responsibility under the National Food Security Act, 2013. Moreover, on point of policy, we are prima facie of the view that the cap of 20 lac Non-PDS beneficiaries placed by the Delhi Government, is an exercise in arbitrariness since that number appears to be improvised."

"We accordingly await the decision of the Delhi Cabinet appropriately revising the number of Non-PDS beneficiaries under the scheme in question."