"Provision Of Food To Needy Citizens Would Be Topmost Priority Of Welfare State": HC Expects Delhi Govt To Open Fair Price Shop Within Two Weeks

Observing that the provision of food to the needy citizens would be the topmost priority of a welfare state, the Delhi High Court on Wednesday said that it expects the Delhi Government to open up a fair price shop in a residential area in Delhi's Baprola within two weeks.

Justice Najmi Waziri was dealing with a contempt case regarding non-compliance of an 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 of the neighbourhood.

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 had claimed 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.

Accordingly, in October, the Court had said that it will be appropriate  for the Delhi Government to open a FPS in the said place or immediate vicinity so that the poorest of the poor are served well by the State.

It was thus the case of 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.

During the course of hearing today, the Court said that if the said shop was earmarked and was lying vacant, then it ought to be made available upon the request of the government of NCT of Delhi for the convinience of general public "who are most needy and for whose convinience a FPS is opened in their immediate neighborhood as much as practicable."

"It is well within the Government's power to requisition the shop opening of FPS on urgent basis because provision of food to needy citizens would be the topmost priority of welfare state," the Court added.

Further noting that while the Government may continue to explore alternate space in the neighborhood for the shop in terms of the earlier order dated October 12, it said that it is expected that the Delhi government opens the shop in two weeks, preferably by 21st December.

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