Supreme Court Stops Authorities From Demolishing Temporary Shelters For Homeless In Delhi Without First Approaching Court

The Supreme Court on Tuesday restrained the Delhi Urban Shelter Improvement Board (DUSIB), Delhi Police, Delhi Development Authority (DDA) and all other authorities operating in the National Capital Territory of Delhi from demolishing temporary shelters for the homeless without getting the prior permission of the Court.

A bench comprising Justices S Ravindra Bhat and Dipankar Datta passed the order having regard to the fact that the temporary shelters at Geeta Ghat are built for the special category of the homeless such as individuals afflicted with TB, orthopaedic disabilities and mental health conditions

"Having regard to these circumstances, the DUSIB, Delhi Police and DDA and all other authorities operating in NCTD are hereby directed not to demolish the three shelters operating presently at Geeta Ghat and any other temporary shelter without approaching this court", the bench ordered. Although the bench initially mentioned only the shelters at Geeta Ghat, after Advocate Prashant Bhushan said that there are more than 111 temporary shelters existing in Delhi-NCR, the bench added "any other temporary shelter" in the order.

The bench further directed the DUSIB to work out and present a plan within the next six weeks about the creation of alternative shelters instead of those demolished at the behest of Delhi police, DDA or any other agency.  

The bench was hearing an application filed by social activists Dr.Harsh Mander and Mr. Indu Prakash Singh against the demolition of night shelters at Sarai Kale Khan without providing any alternate accommodation. The counsel for the DUSIB told the bench that the night shelters were demolished after making prior arrangements to shift the occupants to other shelters in the vicinity. The applicants'counsel Prashant Bhushan contested this stand and said that other shelters are becoming overcrowded.

The bench noted from the affidavit of the DUSIB that it has demolished eight more temporary shelters while the petition was pending.  As per the affidavit, the DUSIB and the authorities have no proposal to put up any fresh temporary shelters instead of those demolished; rather, their contention is that there is sufficient capacity in other permanent shelters.

In this context, the bench referred to the report submitted by the committee headed by former HC judge Justice Kailash Gambhir appointed by the Supreme Court. After detailed inspection of various night shelters (both permanent and temporary), the committee observed that the basic facilities such as sufficient lockers, lights, provisions for blankets and sheets, vector control, proper ventilation, provisions for first aid kits, mattress, bed, pillows,  kitchen facilities and drinking water are lacking.

"In these circumstances, the reasons for the vacancy position in the permanent shelters homes is not far to see", the bench observed in this regard.

Bhushan said during the hearing that the authorities suddenly bulldoze the shelters and the occupants run helter-skelter. When DUSIB said that it is shifting people from the demolished temporary shelters to other shelters, Justice Bhat observed, "ultimately, this is leading to the squeezing of people".

The DUSIB said that it has taken steps to ensure that the facilities are improved in the shelters. The bench asked if there is constant monitoring of the situation.

"Are these monitored? Do you have a monitoring for this or you leave it to somebody?", Justice Bhat asked. After this, the bench also added in the order a direction that the State Level Committee shall inspect all the facilities in Delhi and present a report. The Committee shall first inspect the nine permanent shelters and then take up the others later on.

The DUSIB counsel said that the authorities are conscious of their responsibilities and three meals and other facilities are provided to the occupants without fail.

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

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