Centre Moves Supreme Court Against Implementation Of Delhi Govt's Doorstep Ration Delivery Scheme

The Central Government has filed a special leave petition in the Supreme Court challenging the September 27 order of the Delhi High Court which paved the way for the implementation of the Delhi Government's door step delivery of ration scheme.

A bench comprising Justices L Nageswara Rao, BR Gavai and BV Nagarathna adjourned the Centre's petition at the request of Solicitor General of India Tushar Mehta. While the Solicitor General sought for adjournment till tomorrow, Senior Advocate Dr Abhishek Manu Singhvi, appearing for the Government of National Capital Territory of Delhi, cited some personal difficulty for tomorrow. Accordingly, the bench listed the matter on November 12, Friday.

"I understand the difficulty. Dr Singhvi doesn't want to be in court tomorrow," Justice Rao remarked in lighter vein(Wednesday is a complete physical hearing day in SC with no virtual option).

Delhi High Court's Order

The Delhi 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 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.

A bench comprising Justice(s) Vipin Sanghi and Jasmeet Singh 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 said.

The development had come after the Bench 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.

"The GNCTD should publicize, for the benefit of the beneficiaries under the PDS scheme, the essential terms and conditions of this order," the Court added.

The Central Government is objecting to the Delhi Government's scheme saying that it cannot be implemented without amending the National Food Security Act.

Case Title: UNION OF INDIA Versus GOVT. OF NCT OF DELHI AND ORS.| SLP (C) 17905/2021 and DELHI SARKARI RATION DEALERS SANGH-DELHI (DSRDS-DELHI) Versus THE COMMISSIONER, FOOD AND SUPPLIES AND ORS.| SLP(C) No. 17123/2021

Click Here To Read The Order