"State Cannot Mitigate Architecture Of National Food Security Act": Centre Opposes Delhi Govt's Doorstep Ration Delivery Scheme In High Court

Opposing the Delhi Government's proposed Doorstep Ration Delivery Scheme, the Centre on Monday told the Delhi High Court that the State cannot mitigate the architecture ot the National Food Security Act while implementing the same.

Adding that the State has to fall into the architecture of the Act, ASG Aishwarya Bhati also informed a division bench of Justice Vipin Sanghi and Justice Jasmeet Singh that the fair price shops form an integral part of the National Food Security Act.

"If the State wants, it is free to give benefit higher than the NFSA (National Food Security Act) but they cannot mitigate or militate the architecture of the Act," Bhati told the Court.

Taking the Court through the legislative scheme of the Act, Bhati added that while the Act mandates obligations of both the Central as well as State Government, it is the State Government which is responsible for the execution of the processes as mandated under the Act.

"We have no role in the selection of fair price shop owners. It is not that the system is placed by us and the State is prejudiced. It is chosen by the State Government," Bhati argued.

She also refuted the reliance made by the Delhi Government on other States rolling out similar doorstep ration delivery schemes by arguing thus:

"Other States are making pilot projects confining to one area and on the viability of the project, it is taken as to whether the scheme has to be implemented or not. You cannot destroy the infrastructure of fair price shops and then decide some months after bringing the scheme."

The matter will now be heard on November 29.

The development came after the Supreme Court last week refused to entertain the special leave petition filed by the Central Government against the order of the High Court which paved the way for the implementation of the doorstep delivery of ration scheme.

The High Court on September 27, 2021 had allowed the Delhi Government to cut down the supplies to Fair Price Shops to the extent of persons who have opted for door step delivery. The Court passed the order after noting that "an overwhelming majority" has opted for door step delivery.

The Court had directed the Delhi Government to issue communications to all fair price shop holders informing them about the persons who have opted for receiving rations at their doorsteps.

The Court also clarified that it was only after this exercise that such fair price shop holders need not be supplied the rations.

"The GNCTD shall first issue communications to each of the fair price shop holders, informing them of the particulars of the ration card holders, who have opted to receive their rations at their door steps and, only thereafter, the rations, to the extent that they are being supplied to such optees, need not be supplied to the fair price shop holders," the Court had said.

The Court had modified its earlier order dated March 22, 2021 wherein it had directed the Delhi Government not to stop or curtail the supply of food grains or flour to the members of the Delhi Sarkari Ration Dealers Sangh, Delhi.

The Court had also taken on record the statement made by Delhi Government that the beneficiaries under the PDS scheme, opting for delivery of rations at their door steps, would have the option to once again opt out and go back to the fair price shops for collection of their rations at any time.

Title: Title: DELHI SARKARI RATION DEALERS SANGH DELHI v. COMMISSIONER FOOD AND SUPPLIES GOVT OF NCT OF DELHI & ORS.