Consider reorientation of oxygen supply: Punjab & Haryana HC tells Centre

File Photo (PTI)

New Delhi: The Punjab and Haryana High Court on Friday (May 7, 2021) asked the Centre to consider reorientation of the supply of oxygen from various plants in a manner that the allocated quantity reaches the states before the already allotted quota is exhausted.

The court directions to the Centre came during the hearing on a petition pertaining to the COVID-19 pandemic management in Punjab, Haryana and UT Chandigarh.

"We, thus, feel it necessary to direct Government of India to consider reorientation of the supply of oxygen from various plants in such a manner that the allocated quantity reaches the respective states before the already allotted quota is exhausted to avoid loss of life," ordered the Bench of Justices Rajan Gupta and Karamjit Singh.

Among other things, Punjab and Haryana raised the issue of a shortage of oxygen and its transportation while their common capital Chandigarh said it is now facing difficulty in procuring the required quantity of oxygen.

"We may add here that at present the situation in the three states falling within the jurisdiction of this court appears to be critical and deserves the immediate attention of the Union government," the Bench said.

It observed that in view of the fact that time is taken for transportation, there is an oxygen deficit in all three states. It appears that all three states, at this stage, are not seeking enhancement in the quantity of oxygen allotted to them but are aggrieved by delay in supply thereof.

"As a result of late delivery, allocated quantity of oxygen is not able to reach the states well in time," said the Bench, which took up the case hearing through video conferencing in view of the COVID-19 pandemic.

The Bench said Punjab, Haryana and UT Chandigarh may also consider the setting up of unified command centre for Chandigarh, Panchkula and Mohali (Tricity), pointing out that it may be easier to tackle the present crisis caused by the pandemic.

"The governments need to be over-sensitive and in an overdrive to reach out to patients in need of medical care and assistance. It is for this reason, we feel that a common strategy needs to be drawn up particularly as regards availability of oxygen," said the court.

As regards supply of oxygen in Punjab, Advocate General Atul Nanda submitted that the state requires 300 MT of oxygen daily, whereas the Centre has allocated to it 227 MT, which is also not reaching the state. A sufficient number of containers is not allotted to transport it.

Nanda also emphasised on the shortage of vaccination in Punjab before the Bench. There is a shortfall of 32 lakhs of doses for those above 45 years, he said.

In total, 2.64 crores doses are required in Punjab for the age group of 18 to 44 years, he added.

Baldev Raj Mahajan, Advocate General, Haryana, submitted that the state is facing an extreme shortage of oxygen despite the fact that it has a plant located at Panipat, which is manufacturing 260 MT.

"Instead of allowing Haryana to get the supply from the plant at Panipat for the facility of transport as well as timely replenishment, it has been allocated far off places like Rourkela and Jamnagar," he said.

Pankaj Jain, senior standing counsel for Chandigarh, submitted that even the UT is now facing difficulty in procuring the required quantity of oxygen.

Satya Pal Jain, Additional Solicitor General of India, while responding to the contentions submitted that the allocation of oxygen is being done equitably to all the states in the country.

"No discrimination is being done and nobody has been given out of turn favoured status," Jain told the court.

According to him, certain difficulties are being faced in view of the fact that certain states do not have oxygen plants. They have also to be supplied oxygen.

The Bench observed that in view of the fact that time is taken for transportation, there is oxygen deficit in the two states and UT. The case was adjourned for May 12.