Sarai Kale Khan Night Shelter Demolished: Supreme Court To Consider Question Of Rehabilitation

Taking note of the fact that the night shelters at Sarai Kale Khan, Delhi have been demolished under the orders of the Delhi Urban Shelter Improvement Board (DUSIB), the Supreme Court on Wednesday said that it will now consider the issue of rehabilitation.

On Wednesday morning, Advocate Prashant Bhushan urgently mentioned the application before Chief Justice of India DY Chandrachud, saying that demolitions have commenced.

However, CJI DY Chandrachud noted that the matter is listed before a bench comprising Justices Ravindra Bhat and Dipankar Datta. Advocate Bhushan submitted that since Justice Bhat was not sitting, he had to urgently mention the matter before the CJI. He said–

"What has happened is last evening they ordered demolition. Demolition is happening at Sarai Kale without providing any rehabilitation. Demolition was to start after 10.30 and they got the wind of the fact that we were mentioning it now so they started it. It's happening right now. I can show you pictures."

CJI DY Chandrachud said–

"Mention right now before Justice Hrishikesh Roy and Justice Dipankar Datta. Justice Datta was sitting with Justice Bhat so it has to be mentioned there."

The sub-stratum of the application was that the the night shelter is being demolished without providing any alternative place to the occupants. 

By the time the matter was taken up by the Bench comprising Justice Roy and Justice Datta, the night shelter had already been demolished. Considering the same, Justice Roy noted that the urgency in the matter no longer exists and nothing can be done at the present stage. However, Justice Datta was quick to add that, now, the Court is to consider the question of rehabilitation. 

Agreeing to the same, Mr. Bhushan suggested if the application can be taken up along with the main petition which was coming up on 22nd Feb, 2023. Justice Roy asked his to incorporate the subsequent developments and file a fresh application. He indicated that the amended application can be taken up on 22nd Feb, 2023 along with the main petition. 

The application seeks a stay on the demolition of night shelter 235 located at Sarai Kale Khan, Delhi. As per the application, the shelter houses over 50 homeless residents of this city. The application states that the proposal for removal of night shelter was made without making any alternate arrangements for the relocation of the residents of the shelters. The recommendation for removal of the shelter has been made as the shelter has become subject to crime and a hideout for history sheeters and the DDA is constructing a bamboo garden named Baansera in the Yamuna floodplain area at Sarai Kale Khan and the shelter home is located at the entrance of the said project. The application states that a law and order situation cannot be a ground for the removal of the shelter which is situated in the proximity of the railway station where homeless residents usually work. Further it states that the shelter has been set up in compliance of guidelines for the construction of shelters for the urban homeless. It adds–

"The Delhi police has stated that there is garbage and food thrown around the shelter leading to various diseases. The poor staffing, sanitation, and maintenance of the shelter cannot be ground for removal of shelter that houses homeless residents."

Case : Deepan Bora and others vs Union of India | WP(c)  572/2003