HC sets aside Delhi govt's decision on doorstep delivery of ration
May 19, 2022
New Delhi [India], May 19 : The Delhi High Court on Thursday set aside the Delhi government's decision of the doorstep delivery of ration.
The Bench of Acting Chief Justice Vipin Singhi and Justice Jasmeet Singh today said, "The scheme for doorstep delivery of rations to the beneficiaries under the TPDS framed by the Cabinet Decision on March 24, 2021, has not been approved/ consented to by the Lieutenant Governor and, therefore, in any event of the matter, the same cannot be implemented in its present form".
The bench also said that the GNCTD is entitled to frame a scheme for doorstep delivery of foodgrains/ rations to the beneficiaries under the TPDS at the doorsteps of the TPDS beneficiaries. However, the same has to be done by the GNCTD from its own resources in compliance with the prevailing laws.
Court further said that in case the Lieutenant Governor expresses his disagreement with his Council of Ministers headed by the Chief Minister, he may either require the Chief Minister to refer the matter to the President for his decision, or he may, on his own, refer the matter to the President for his decision.
Even when the Lieutenant Governor requires the Chief Minister to refer the matter for his decision to the President, it is a reference by the Lieutenant Governor and would, therefore, meet the requirement of the proviso to Article 239AA(4) of the Constitution, stated the Court.
"The final decision shall rest with the President on the difference of opinion and the said decision shall prevail and bind the Council of Ministers headed by the Chief Minister and the Lieutenant Governor, who shall act in accordance with the said final decision," said the Court.
The Court passed the judgment in two writ petitions challenging the Door Step Delivery of Ration Scheme evolved by the Government of National Capital Territory of Delhi (GNCTD). The same seeks to bypass the existing Fair Price Shop (FPS) Owners/Dealers in the matter of distribution of foodgrains and wheat flour (Atta) at the doorstep of the beneficiaries under the Targeted Public Distribution System (TPDS).
The petitioner, Delhi Sarkari Ration Dealers Sangh was represented by advocate Visheshwar Shrivastav and while another petitioner Delhi Ration Dealers Union was represented by advocates Yash Aggarwal and Chitrakshi in the matter.
