New Delhi, May 19 (PTI) The Delhi High Court on Thursday said the AAP government's doorstep ration delivery scheme, Mukhyamantri Ghar Ghar Ration Yojana, cannot be implemented in its present form as it has not been approved by the lieutenant governor (LG) who has expressed his disagreement.

The court said the Delhi government is entitled to frame a scheme for the doorstep delivery of foodgrains or ration to the beneficiaries under the Targeted Public Distribution System (TPDS). However, it has to be implemented from its own resources in compliance with the prevailing laws.

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A bench of Acting Chief Justice Vipin Sanghi and Justice Jasmeet Singh said any such scheme framed by the government should comply with all the requirements of the National Food Security Act (NFSA) and the orders issued under the Essential Commodities Act (ECA) and the doorstep delivery scheme, framed by the cabinet on March 24, 2021, does not comply with the provisions of the NFSA and the TPDS Order, 2015.

"In the facts of the present case, the impugned scheme for doorstep delivery of ration to the beneficiaries under the TPDS framed by cabinet decision no....has not been approved or consented to by the LG and, therefore, in any event of the matter, the same cannot be implemented in its present form. Consequently, we allow these writ petitions and quash the three tenders issued by the respondents, and actions taken in furtherance thereof," the bench said in its 174-page judgment.

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The court's verdict came on two pleas moved by petitioners Delhi Sarkari Ration Dealers' Sangh and Delhi Ration Dealers' Union, challenging the scheme on the ground that it seeks to bypass the existing fair price shop (FPS) owners or dealers in the matter of distribution of foodgrains and wheat flour (atta) at the doorstep of the TPDS beneficiaries.

"We have already found that the scheme is in breach of the statutory protection afforded to the existing FPS owners or licensees, and it is founded upon unsubstantiated generalised conclusion that all FPS owners or licensees are indulging in malpractices," it said.

It said it is incumbent on the government to collect and collate data, including in the form of substantiated and investigated complaints from the beneficiaries, to establish the generalised allegation of non-issuance of commodity to the end-user beneficiary. However, none has been placed before the court.

The court found merit in the petitioners' grievance that the actions of the Delhi government were actuated by "unfounded prejudice and bias".

It, however, made it clear that it was not here to give a clean chit to any of the FPS owners with regard to their business dealings and its observations were made in the context of the petitioners' grievance that the generalised allegations made by the government have not been substantiated.

The court answered in the negative a question as to whether the manner in which the government has sought to introduce the doorstep delivery scheme of ration to beneficiaries stands the scrutiny of law.

It found that the action of the Council of Ministers (CoM) headed by Chief Minister Arvind Kejriwal to roll out the scheme cannot be described as an action of the Delhi government as it has to be necessarily in the name of the LG.

"In the present case, the decision of the CoM headed by the chief minister to roll out the scheme is not and cannot be described as an executive action taken by, or in the name of the LG, since he has expressed his disagreement, which stands unresolved, as it has not been placed before the president," it said.

It added that the final decision shall rest with the president on the difference of opinion and it shall prevail and bind the CoM and the LG, who shall act in accordance with the final decision.

It said there is nothing wrong in the GNCTD entertaining the desire and intention to deliver packaged atta and rice to the TPDS beneficiaries at their doorstep. However, that can only be done in accordance with the scheme of the NFSA and the statutory orders under the ECA.

The bench said before its implementation, the scheme framed by the CoM was required to be communicated by the chief minister to the LG since it relates to the administration of the affairs of the capital.

It said the chief minister was not correct in concluding that the approval of the Centre is neither mandated nor necessary under the NFSA, or that the matter need not have been referred to the president under proviso to Article 239AA(4) of the Constitution, despite the expressed difference of opinion by the LG.

"We are, therefore, of the view that the scheme cannot be implemented and rolled out by the GNCTD since the LG has expressed his difference of opinion and required that the same be referred for his decision to the president. The said scheme would necessarily have to be rolled out in the name of the LG, while recording his approval thereof. That has not been done in the facts and circumstances," the bench said.

While the Delhi government defended the scheme on the ground that it was for the poor who were being threatened by FPS owners to opt out of the home delivery mode otherwise they would not be given ration, the Centre opposed it saying the court should not allow any state to interfere with the NFSA structure and destroy its architecture and that FPS is an integral part of the Act.

(The above story is verified and authored by Press Trust of India (PTI) staff. PTI, India’s premier news agency, employs more than 400 journalists and 500 stringers to cover almost every district and small town in India.. The views appearing in the above post do not reflect the opinions of LatestLY)