The court highlighted the importance of balancing the need to provide essentials with the imperative of halting the spread of the virus, emphasizing the promotion of home deliveries and compliance with social distancing norms.

JUDGMENT :

M.S. SONAK, J.

1. Heard Mr. Gosavi, the Petitioner in person, Mr. Rohit Bras D'Sa, the Petitioner in person in the letter petition and Mr. Raunaq Rao, the learned Counsel for the Intervenor-Victor Hospital. Learned Advocate General along with Mr. Faldessai, appear for the Respondents.

2. Rule. Rule is disposed of forthwith at the request of and with the consent of the learned Counsel for the parties.

3. A nationwide 21 days lockout is underway to battle the threat of COVID-19 virus. The two petitioners, whilst appreciating the purpose of the lock-down, had basically complained about inaccessibility to the essentials like groceries etc.

4. Mr. Gosavi in his petition had, in fact, sought for implementation of exception (a) to clause 4 of the Government of India order dated 24th March, 2020. Clause 4 provides that commercial and private establishments shall be closed down. However, an exception was made in relation to shops including ration shops (under PDS), dealing with food, groceries, fruits and vegetable, dairy and milk booths, meat and fish, and animal fodder. The petition, as originally instituted, had sought for the implementation of this exception.

5. Mr. D'Sa had addressed a letter to this Court complaining about the plight of migrant labourers, as well as absence of proper system for home delivery of grocery in the State of Goa.

6. Today, both Mr. Gosavi as well as Mr. D'Sa have both made it clear that the main purport of their Petitions was not to seek opening of the grocery shops 24 x 7, but the main purport was to ensure that there is a proper system for effecting home deliveries of groceries and other essentials. They have in fact requested this Court to record this submission, so that there are no misunderstandings on this issue.

7. Mr. Rao, learned Counsel for the Intervenor has submitted that opening of the grocery shops 24 x 7 might frustrate the very purpose of a total lock-down, which is absolutely necssary in the circumstances. He has pointed out that the Intervenor operates a hospital and considering the infrastructural facilities available, not only in that hospital, but in the entire State of Goa it will be extremely difficult to combat the threat of this virus, in case it breaks out disproportionately Mr. Rao submits that the situation demands that groceries and other essentials are supplied to the people through home delivery so that there is no crowding in the market and grocery shops.

8. Mr. D. Pangam, Advocate General has, at the outset, submitted that the State and the various agencies of the State are totally alive to both, the seriousness as well as the magnitude of the threat posed by COVID-19 virus and are taking all necessary steps to combat the same. He therefore submit that there was absolutely no necessity of even instituting these petitions. He submits that merely because there may be some stray incidents or aberrations here and there, there is no basis in alleging any inaction or insensitivity.

9. Be that as it may, learned Advocate General has placed before the Court the minutes of the Meeting of the State Executive Committee held on 26th March, 202 under the Chairmanship of the Chief Secretary who is also the Principal Secretary, (PWD).

10. The minutes of the Meeting dated 26th March, 2020 read as follows:

“Minutes of Meeting of the State Executive Committee held in the Conference Hall of Chief Secretary, on 26th March 2020.

State Executive Committee (SEC) has been constituted u/s 20 of Disaster Management Act, 2005 by notification 19-5-2005/RD (Part file) dated 23.01.2008. The SEC meeting was called to discuss the COVID19 related response mechanism in view of the National Disaster Management Authority having invoked its power u/s 6(2)(i) of DM Act, 2005 to issue directions of the State Governments and State authorities for compliance.

As per Section 22 of the DM Act, 2005, SEC is the statutory body with power to coordinate and monitor disaster management in the State and can issue necessar