Delhi High Court
Nayee Soch Society (Regd.) vs Ministry Of Home Affairs & Ors on 24 April, 2020
$~3
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Decision: 24th April, 2020
+ W.P.(C) 2988/2020 & CM APPLs. 10388/2020 (exemption) &
10389/2020 (leave to file petition)
NAYEE SOCH SOCIETY (REGD.) ..... Petitioner
Through: Mr. Manoj Gahlaut, Adv.
versus
MINISTRY OF HOME AFFAIRS & ORS. ..... Respondents
Through: Mr. Anuj Aggarwal, ASC for R-2 &
3/GNCTD.
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE C. HARI SHANKAR
: D. N. PATEL, Chief Justice (Oral)
CM APPL. 10388/2020 (exemption)
Allowed, subject to just exceptions.
CM APPL. 10389/2020 (seeking leave to file petition)
Allowed, subject to just exceptions.
W.P.(C) 2988/2020
1. The Court is convened through Video Conferencing.
2. This Public Interest Litigation has been preferred with the following
prayers:-
"(i) Issue a writ, order, direction and instruction in the
nature of mandamus in favour of the petitioner and against
the respondents thereby directing the respondents jointly and
severally to provide the rations to the citizens of Delhi by
producing his/her Aadhar Card/voter card at Fair Price Shop
functioning in their area/locality.
(ii) Issue a writ, order, direction and instruction in the nature
of mandamus in favour of the petitioner and against the
respondents thereby directing the respondents jointly and
severally to provide the details how many citizens have taken
the benefit of ration by way of Aadhar Card till date during the
period of lockdown since 25.03.2020 till date by way of
applying on the website of the respondent No.2.
Any other order/relief/direction may also kindly be passed in
favour of the petitioner and against the respondents as this
Hon'ble Court may deems fit, just and proper according to the
facts and circumstances of the present case."
3. Having heard learned counsel for the petitioner and the learned
counsel for the respondents No.2 and 3/Government of NCT of Delhi and
looking to the facts and circumstances of the case, it appears that several
grievances have been ventilated in this petition about the non-availability of
ration to the persons whose names and details have been mentioned at
Annexure P-3 to the memo of this writ petition who have Aadhar Card or
Voter ID Card but they do not possess, at present, the Ration Card.
These people ought to be provided ration as per the Government norms from
the nearest available fair price shop. It is also submitted by the learned
counsel for the petitioner that there can be several other persons like those
whose names are mentioned at Annexure P-3. Learned counsel for the
petitioner also claimed that besides the number of persons mentioned at
Annexure P-3, there are further 207 persons.
4. Learned counsel appearing for the respondents No.2 and 3 submitted
that they are making available ration to the persons who are otherwise
eligible and having their Aadhar Cards and Voter ID Cards despite the fact
that they are not in a position to present their Ration Cards. It is further
submitted by the learned counsel for the respondents No.2 and 3 that the
people who are non-residents of Delhi or who are migrant workers or who
are stranded in Delhi during the lockdown period are being provided ration.
5. It is further submitted by the learned counsel for the respondents No.2
and 3 that they shall look into the list of the persons given at Annexure P-3
to the memo of this writ petition and they will also be provided the ration in
accordance with law from the nearest fair price shop.
6. It is also submitted by the learned counsel for the respondents No.2
and 3 that the petitioner can also approach respondents No.2 and 3 with the
list of more persons who are otherwise eligible for getting ration on the basis
of their Aadhar Cards and Voter ID Cards. It is also submitted by the
learned counsel for the respondents No.2 and 3 that if further list of persons
is available with the petitioner, they can also approach the Members of
Legislative Assembly of their particular area, who are having Emergency
Relief Food Coupons.
7. In view of the aforesaid submissions made by the learned counsel for
the respondents No.2 and 3 that they are making ration available easily to
the persons who are otherwise eligible to get ration on the basis of their
Aadhar Cards, Voter ID Cards etc. from the nearest available fair price shop,
we expect from the respondents that they shall also keep in mind to simplify
the procedure for getting ration instead of going on the website, etc. by the
poor and the needy people. These aspects of the matter will also be
appreciated by the respondents and if there is any need for change in the
policy decision, the same shall be simplified by the respondents looking to
the need of the people at large.
8. We also direct the respondents that if any change in the policy
decision is carried out for simplification in the procedure to get the ration,
the same will be notified and informed to all the fair price shop owners.
Moreover, the statements made by the counsel for the respondents No.2 and
3 may also be incorporated in their advisory or notes or communication to
all the fair price shop owners in the city of Delhi so that the statement of the
counsel for the respondents No.2 and 3 can be implemented effectively by
the fair price shop owners and the benefit of simplified procedure of the
respondents can reach to the public at large who are in need of ration.
9. With these observations, the writ petition is hereby disposed of.
CHIEF JUSTICE
C. HARI SHANKAR, J
APRIL 24, 2020
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