Conduct Survey Of All Pending Ration Card Applications For Decision On Food Security Allowance Under NFSA: High Court Directs Delhi Govt

The Delhi High Court has directed the Delhi Government to conduct a survey of all the pending applications for ration cards and decide if the persons will be entitled to receive the food security allowance.

Justice Subramonium Prasad directed the Delhi Government to complete the exercise “as expeditiously as possible” and sought a status report on the same.

“The State Government is, therefore, directed to conduct the survey of all pending applications to see as to whether they would be entitled to receive the allowance under Section 8 of the Food Security Act,” the court said.

Section 8 of the National Food Security Act states that in case of non-supply of foodgrains or meals to entitled persons, they shall be entitled to receive food security allowance from the State Government within the time and manner as may be prescribed by the Central Government.

The court was hearing the pleas moved by two women seeking directions on the Delhi Government to approve their applications for issuance of ration cards. They also prayed for payment of food security allowance.

“The State Government cannot wait till a person gets a ration card. The State Government is directed to assess as to whether the Petitioners would be entitled to receive the allowances as prescribed in Section 8 of the National Food Security Act, 2013,” Justice Prasad said.

The counsel appearing for the Delhi Government submitted that for a person to be entitled to the benefit of Section 8, the State Government has to first assess the applicant’s right to receive food grains at subsidized prices. The court was also apprised that about three lakh persons are presently in the waiting list with the Delhi Government.

“Needless to state that it is well settled that if a person comes to a Court and gets a declaration of law in his favour, it is expected that the State shall extend the benefit to all similarly placed persons without them having to approach the Court,” the court observed while listing the matter for hearing on October 13.

Title: SHABNAM v. GOVERNMENT OF NCT OF DELHI & ORS and other connected matter

Citation: 2023 LiveLaw (Del) 641

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