Libertatem Magazine

Delhi High Court Ordered That the GNCTD Should Make All Efforts for the Procurement of Cryogenic Tankers From Whatever Source Available and Look For All Possible Avenues

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The Petitioner came before the High Court of Delhi expressing its dire need for oxygen on an immediate basis, since they have several patients in ICU, and their lives are at stake. Thus, the Court issued an order dated 24.04.2021 issuing guidelines for immediate availability of the medical oxygen. 

Facts of the Case

A Writ Petition was filed earlier before the Hon’ble High Court with the same issue of the shortage of medical oxygen for treatment of serious patients, primarily, Covid patients in the hospital of the Petitioner. The same grievances were also raised earlier by Saroj Speciality Hospital, Batra Hospital and Medical Research Centre as well as Jaipur Golden hospital.

Arguments placed before the Court

The learned counsel appearing on behalf of the Respondent stated that since Delhi is not an industrial state, it does not have any Cryogenic Tanks with it. However, He further stated that the arrangements for the same are being made. He also assured that the Central government would look into the issue so that a reasonable arrangement can be made for the transportation of liquid oxygen. One grievance raised by the learned counsel was that the suppliers who are providing oxygen to Delhi are not providing details of the quantity of oxygen supplied to various hospitals within Delhi.

Court’s Observations

The Court has heard both the Petitioner as well as the Respondent and observed that the problem that Delhi continues to face arises primarily on account of the fact that the supply of oxygen to Delhi even at the allocated rate of 480 MT per day is not taking place. The reason for the same is several. One of the main primary reasons observed is that three of the plants from which oxygen is to be supplied are situated at Rourkela, Durgapur, and Kalinganagar. As far as Durgapur is concerned, empty Cryogenic Tanks have been airlifted and are in the process of being filled with liquid oxygen. However, there is no arrangement for Cryogenic Tanks for transporting the liquid oxygen from the plants of Durgapur and Kalinganagar. 

Court’s Judgment

The Court thus stated that the GNCTD should make all the efforts for the procurement of Cryogenic Tankers from whatever source they can be made available and look for all the possible avenues. The Court also directed all the suppliers of oxygen, who are supplying oxygen in Delhi to provide complete details of the oxygen that they supply. The information should be provided to the Nodal officer of the GNCTD, namely Mr. Udit Prakash Rai. The Court further called upon the Central Government and the GNCTD to consider the augmentation of further resources, keeping in view that the experts in the field are claiming that the peak of the present wave is yet to be reached. Further, if any security for the hospitals is sought, the Delhi Police shall examine the same. 

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