[BREAKING] Delhi High Court strikes down AAP government's scheme for doorstep delivery of ration

The Delhi High Court on Thursday allowed two petitions challenging the Delhi Government's Mukhya Mantri Ghar Ghar Ration Yojana (MMGGRY) effectively striking down the scheme for doorstep delivery of ration in the national capital. .A Division Bench of Acting Chief Justice Vipin Sanghi and Justice Jasmeet Singh said that the scheme was not approved or consented by the Lieutenant Government (LG) and, therefore, the same cannot be implemented in its present form. The Court, therefore, also quashed the three tenders issued by the government for selection of delivery agency for implementation of the scheme..The bench held that the Delhi Government is entitled to frame a scheme for doorstep delivery of foodgrains/rations to the beneficiaries under the Targeted Public Distribution System (TPDS) at the doorsteps of the beneficiaries. However, the same has to be done by the government from its own resources in compliance with the prevailing laws.“Any such scheme framed by the GNCTD should comply with all the requirements of the (National Food Security Act) NFSA and the Orders issued under the (Essential Commodities Act) ECA. The impugned scheme as presently framed by the Cabinet Decision No. 2987 on 24.03.2021, does not comply with the provisions of the NFSA and TPDS Order, 2015,” the judgment said.The Court further said that the Council of Ministers headed by the Chief Minister is bound to communicate its decisions/ resolutions, including any such scheme or proposal to the Lieutenant Governor, to enable him to examine it and take a call whether or not he has a difference of opinion with any such scheme.When a decision of the government is placed before the LG for his approval, he shall be mindful of the Supreme Court judgment in State of NCT of Delhi and shall take his decision to express his difference of opinion in the light of this judgment, the Court added.“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 reference by the Lieutenant Governor and would, therefore, meet the requirement of the proviso to Article 239AA(4) of the Constitution.”The final decision, the High Court said, will rest with the President and both the LG as well as the council of ministers will be bound by that decision and act in accordance with it..MMGGRY was the flagship scheme of the Aam Aadmi Party (AAP) led Delhi Government.The scheme was challenged by the Delhi Sarkari Ration Dealers Sangh and Delhi Ration Dealers Union before the High Court arguing that it was in violation of the Government of National Capital Territory of Delhi Act, Targeted PDS System Rules and the Constitution. The dealers in their petition prayed for the doorstep delivery scheme to be struck down."Direct the Food Corporation of India to strictly ensure that the foodgrains supplied by it under the PDS to the Govt. of NCT of Delhi are as per the standards fixed under the Food, Safety and Standards Act, 2006," the plea stated.The Central government had also supported the petitioners' argument that fair price shops are integral to the Food Security Act, and that the handheld payment machines form an integral part of these shops.These machines, called Electronic Point-of-Sale (ePOS) devices, are synced with the Aadhaar database to ensure that the beneficiaries of schemes are the ones who receive its benefits..The scheme was defended by the Delhi government stating that the doorstep delivery scheme would prevent leakages in the system.The State government had further questioned the Centre that if the State is willing to deliver ration at zero cost and ninety per cent of the populace wants it, why should the Centre have any issue with it."Huge leakage, diversion to black marketeers are the bugs here. To stop that we are having home delivery. Those who want to get from the shops still have that option," it was argued. .[Read Judgment]