Delhi HC grills Centre over oxygen supply

Court asks Delhi govt. to seek help from armed forces to set up field hospitals

April 29, 2021 01:07 am | Updated 01:07 am IST - New Delhi

The Delhi High Court on Wednesday asked the city government to explore the possibility of seeking assistance of the armed forces in setting up field hospitals in the Capital, even as it grilled the Centre for its failure to supply the allocated 490 metric tonnes (MT) of oxygen per day to Delhi.

“Not for a single day has Delhi received the full allocated quantity [of oxygen]. The primary reason for this is that three of the plants that supply the oxygen are in Durgapur, Rourkela and Kalinganagar — all at a distance of not less than 1,600 km,” a Bench of Justices Vipin Sanghi and Rekha Palli said.

“You have to look at the allocation yourself to reduce the turnaround time. Obviously, if you go 1,600 km, the turnaround time is bound to be more,” it noted.

When Additional Solicitor General Chetan Sharma submitted that oxygen allocation has been done after an all-India mapping, the Bench said: “We are not in a position to tell the Centre to change it. The proof of the pudding lies in its eating.” It added that plants such as the one in Durgapur could serve nearby States while Delhi should be allocated oxygen from plants closer to the city.

“Whatever is humanly possible is being done. There is complete coordinated effort in this regard,” the ASG replied.

Senior advocate Rahul Mehra, representing the Delhi government, said the three plants were sending on average 50 MT of oxygen each to Delhi instead of the allocated 100 MT.

The HC directed senior advocate Rajshekhar Rao, appointed as amicus curiae, to study the Centre’s allocation order and give suggestion to optimise tanker usage and cut turnaround time.

‘Airlift empty tankers’

“We hope and expect that the Centre will look at the logistic problems being faced in transporting oxygen from the three plants to Delhi,” the HC said, adding: “What has happened to the promised 490 MT of oxygen for Delhi? Till today it has not reached that figure. We were told this about a week ago. The kind of shortage Delhi is facing, how many States are facing? People will keep dying and you [the Centre] will not do anything about it,” the Bench remarked.

“You have to do this on SOS basis. You can airlift the empty tankers back,” the High Court suggested.

During the hearing, senior advocate Krishnan Venugopal said, “The Chief of Defence Staff General Bipin Rawat has said that the defence services should be called upon under what is called the aid to civil authorities provisions. They can help set up field hospitals.”

Mr. Venugopal said the Delhi government can seek such assistance with the approval of the Centre.

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