Centre Moves Plea to Recall HC Order of Providing Oxygen to Delhi

The high court had noted that the target of 490MT has not been met since the demand was first met on 20 April.

A day after the Delhi High Court directed the central government to ensure the allocated supply of 490 MT of oxygen to the capital, the Centre moved an application to recall the order in the same court.

Issuing strict directions to the Central government on Saturday, the Bench of Justices Vipin Sanghi and Rekha Palli had said that if the requirement of 490MT oxygen is not met, the court will consider initiating contempt proceedings in case of non-compliance.

The application on behalf of the central government has been moved by Solicitor General Tushar Mehta and the matter was heard in the high court on Sunday.

Mehta was reported as saying that the Delhi government has been found “completely wanting in making any efforts whatsoever to arrange for the transport of the quantity allocated to it except for a few tankers.”

In an order dated 1 May, Justices Vipin Sanghi and Rekha Palli had directed the Central Government to ensure that NCT of Delhi receives its allocated supply of 490 MT of oxygen positively today (1 May), by whatever means. Even this, it is important to point out, is only approximately half of the actual demand of 976 MT as said by CM Arvind Kejriwal the same day the order was issued.

The Quint has learnt that the basis of the plea is that as per the national allocation plan, the responsibility of lifting and delivering oxygen from the plant to the hospital is of the local government, and that the Centre's role is a facilitative one and for providing a green corridor.

This court order was the first one to address the oxygen supply concerns in Delhi, in the backdrop of the continuous days of hearings on the issue in the high court as well as the Supreme Court. 

Even as late as 2 May, several hospitals in Delhi are putting out SOS calls for oxygen supply.

The bench has issued notice on the petition and sought the response of the Delhi government by Tuesday. The matter will be considered on Wednesday.