Citizens Can't Be Made To Travel Through Difficult Areas To Get Subsidized Food Grains: Delhi HC Orders Opening Of Fair Price Shop In Vicinity

"It is in the interest of the State to ensure that citizen do not have to chart their ways through difficult areas simply to get food-grains at subsidised prices," the Delhi High Court observed last week.

Justice Najmi Waziri was dealing with a contempt case regarding non-compliance of an earlier order passed by the Court wherein the Delhi Government and others were directed to re-examine the feasibility of opening of a Fair Price Shop for convenience in a residential area in Delhi's Baprola.

It was the case of the petitioners that the Fair Price Shop which served them was approximately 2.5 kms away from the residential area as a result of which women had to walk through deserted stretches and forest areas, simply to fetch rations, so as to feed their respective families.

The respondents on the other hand said that only 320 ration card holders live in the concerned area therefore it was not feasible for a fair price shop licensee to operate it with a small amount of margin money. 

According to the respondents, in an ordinary condition, each Fair Price Shop caters to the need of about 1000 ration card holders.

"However, there is an exception to the clause. In special circumstances, an FPS can be opened for lesser numbers," the Court said at the outset.

Reliance was made by the petitioner on the guidelines notified by the Delhi Government for allotment of Fair Price Shop outlets dated on 29th August 1997. 

According to the guidelines, in case of JJ Clusters and other areas inhabited by poorer sections of the society and other special cases, the relaxation of norms for opening of new PDS outlet may also be considered.

It was thus submitted by the petitioner that while there were around 800 families living in the residential area seeking opening of the fair price shop, there also existed a Community Centre in the area a portion of which was already earmarked for opening of the said shop.

"In the special facts and circumstances, it is appropriate that Delhi Government open an FPS in the aforesaid place or in the immediate vicinity, as indicated hereinabove, so that the poorest of the poor are served well by the State," the Court said.

The matter will now be considered on December 8.

Case Title: BEENA DEVI & ORS. v. SHRI VIJAY KUMAR DEV & ORS.

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