Delhi govt must 1st inform dealers about those who opted in, says HC

New Delhi: The Delhi High Court has directed the Delhi government to issue communications to all the fair price shop dealers informing them of the particulars of ration cardholders who have opted to receive their rations at doorsteps.

The high court said only thereafter, the fair price shops dealers are not required to be supplied with the ration of the PDS beneficiaries who have opted for doorstep delivery.

We, therefore, modify our order dated March 22, 2021. The Delhi government shall first issue communications to each of the fair price shop holders, informing them of the particulars of the ration cardholders, who have opted to receive their rations at their doorsteps 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, a bench of Justices Vipin Sanghi and Jasmeet Singh said.

The Delhi government scheme for doorstep delivery of ration, Mukhymantri Ghar Ghar Ration Yojna, was challenged by the Delhi Sarkari Ration Dealers Sangh.

On March 22 this year, the bench had directed the AAP government not to stop or curtail the supply of food grains or flour, to the members of the petitioner association.

Senior advocate K V Vishwanathan, appearing for the Delhi government, submitted that the court had not stayed the implementation of the scheme for door-to-door delivery of food grains or flour.

He said the court had only passed an interim order of protection in favour of the petitioner association as it was pointed out that on March 8, the Delhi government had issued an e-mail communication stating that the supplies to be made to the existing PDS distributors was to be stopped, so that food grains could be distributed door to door by another agency.

He said the Delhi government has undertaken the exercise of calling for options from all PDS cardholders, as to whether they prefer to continue with the existing system of collecting their rations from the existing PDS shops or to have their rations delivered at their doorstep.

An overwhelming majority has opted for the supply of rations at their doorstep, he submitted, adding that the government would, therefore, necessarily have to curtail the supplies to the ration dealers to the extent the rations have to be supplied at the doorsteps as they cannot be given rations for distribution even for those who have opted for doorsteps delivery.

The court said in case the dealers seek any further details regarding how the options have been called from the ration cardholders, the government shall provide the relevant record to the association members.

The court also took on record Delhi government counsel's statement that beneficiaries under the PDS scheme, who opt for delivery of rations at their doorsteps, 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 court asked the Delhi government to publicize the essential terms and conditions of this order for the benefit of the beneficiaries under the PDS scheme. The court listed the matter for further hearing on October 27.

The Delhi government welcomed the Delhi High Court's order and said it was a major setback for the Centre and L-G Anil Baijal, who had opposed the doorstep delivery of ration scheme "a week before it was supposed to start". The Delhi government reiterated that the court had never stayed the scheme and that now it has greenlit it.