Why Some States Got More Oxygen Than They Asked For, But Delhi Got Less? Delhi High Court Asks Centre

The Delhi High Court on Thursday asked Centre's response regarding Delhi government's submissions with respect to differences in demanded and allocated amounts of various states. The Court has granted SG Mehta one day's time to respond and place it on record. The response has been sought after submissions were made before the Court stating that while Delhi is not getting the allocated supply, MP and Maharashtra are getting more oxygen supply than was asked. A division Bench of Justice Vipin Sanghi and Justice Rekha Palli recorded GNCTD counsel Senior Advocate Rahul Mehra's submissions with respect to differences in demanded and allocated amounts of various states. @AamAadmiParty led Delhi Government tells Delhi High Court that most other states have been allocated almost as much as, or even more medical oxygen than #Delhi - with only 2-3% deficit in some. Delhi, however, has been allocated only 490 MT out of 700 MT demanded. pic.twitter.com/tpA80vH3p4— Live Law (@LiveLawIndia) April 29, 2021 Solicitor General Tushar Mehta objected to recording of various submissions, saying that these may not be recorded as it would raise panic. However the Court asked Mehta to reply to the points through an affidavit. "If you have the confidence in your responses, have the confidence to place it on record." the Bench notedMehta further objected and stated that there are also states which have received lesser than what they demanded, including Gujarat which demanded 1000 MT, but received 975 MT.The Court clarified that they are only recording it as Mr Mehra's submissions and are giving the Centre a day to respond. It noted that the figures are government figures as of April 21st. "By no means are we interested in getting for Delhi more than what's required at the cost of another state. However, if the submissions of Mr. Mehra are to be accepted, the Centre needs to explain the chart" the Bench clarified.Mehta: Mr. Goyal, can you explain why MP was given more. Court: Mr. Rao can you share the figures. Rao: As of Apr 21, MP asked for 440 around MT, got around 545 MT. Court: Almost 25% more. We are not telling you to stop or give less supply there.— Live Law (@LiveLawIndia) April 29, 2021 Amicus Curiae Senior Advocate Rajshekhar Rao submitted that one thing that needs to be flagged is that Madhya Pradesh's allocation from certain plants can be re-diverted to Delhi, instead of getting from Rourkela. He pointed out that Maharashtra and Madhya Pradesh have been getting more supply than what they've asked for. "Of course, Maharashtra may be because it has the largest number of cases.Also, you may be making n number of beds but without oxygen they're pointless." Rao said. The Court then told Mehta that he needs to explain the MP situation mentioned by the amicus, where he said that MP us getting more supply than their allocation. "You will have to explain, if one state has demanded x, and other y but the other is getting more you need to explain, why?" the Bench asked Mehta responded by saying that if they are being given more it is because of a surge there. Also, the Centre is doing what it can to help Delhi but they are unable to pick up the allocated amount and Centre is helping the state. "It is not NDA helping AAP but Centre helping the State. 90% of our time is spent in firefighting the Delhi situation." Mehta said. Court again asked Mr. Mehta to explain why supply to Delhi is still stuck at 490 MT. SG Mehta however said that it is not stuck at 480 MT, but is an ever changing figure.. In response to Mehta's statement that the 480 MT supply to Delhi will increase and there is no need to panic, the Court stated that the panic is because of the lack of resources on ground. "It is a dynamic situation, things keep on changing. " Mehta said. SG Mehta also asked Central government officer Mr. Goyal, to explain why MP was given more supply. The Court also asked him to share the figures. Amicus Rao informed the Court that as of Apr 21, MP asked for 440 around MT, and got around 545 MT. "Almost 25% more. We are not telling you to stop or give less supply there." Court said. Rao shared figures for Maharashtra as well, which demanded about 1500 MT, and received about 1616 MT.The Court then questioned Mr Goyal, from Centre why Delhi is out of line with MP and Maharashtra. SG Mehta responded and stated that MP's population is 3 times more than Delhi's, and the past 3 weeks there was a huge surge there. "Mr. Goyal, please divert MP's supply to Delhi. There will be some loss of lives in MP, but please divert it. " SG Mehta said.The Court responded to Mr. Mehta's submission and asked him to not get emotional, as facts and figures are being discussed. The Court further said that the situation is that the requirement of oxygen has gone up nearly 5 times in all states. Rao informed the court that in one of the documents , probably an error of transplantation, Delhi's demand has been shown as 470 MT, and not 700 MT. With so much on the...

Why Some States Got More Oxygen Than They Asked For, But Delhi Got Less? Delhi High Court Asks Centre

Shreya Agarwal

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