Supreme Court Seeks NALSA's Report On Two Shelter Homes For Urban Poor In Delhi

In the matter relating to relocation of temporary shelters for homeless person in Delhi's Anand Vihar and Sarai Kale Khan, the  Supreme Court today (August 29) directed the NALSA to submit a report on capacity and quality of facilities provided by the State in the proposed new shelters. 

The bench of CJI BR Gavai and Justices NV Anjaria and Alok Aradhe was hearing a PIL on the issue of setting up shelter homes for the urban homeless across the country. 

Counsels for the Union submitted that the present temporary shelters located in Anand Vihar and Sarai Kale Khan needed to be relocated as they were coming in way of Metro development projects. The bench was informed that at present the Metro construction work was stopped. ASG Aishwarya Bhati also appeared for the Union. 

Advocate Prashant Bhushan for the petitioners interjected and pointed out that in the past also 15 shelters were illegally demolished and those residing in them were not relocated. He added that presently the 8 shelters which the State now wants to shut down have over 1000 persons residing in them. 

Considering the situation at hand, the Court directed the National Legal Services Authority (NALSA) to appoint an officer to inspect the present temporary shelters at the site as well as the quality of the proposed relocation sites. 

The bench passed the following order : 

 "We direct the director of NALSA to appoint an officer of NALSA who shall examine the issue and submit a report (1) the number of people residing in the shelter homes in para 9 (2) whether the alternative site as proposed by the State is sufficient enough to accomodate the persons residing in those shelter homes ; (3) facilities available at the site. The report to be submitted within a period of 2 weeks from today." 

Bhushan also flagged the issue that in the previous inspections carried out by NALSA, the officer went during the day time when most people at the shelter go to their respective works and majority return at night to sleep in those shelters. 

Acknowledging the same, the bench specified that the officer appointed shall carry out the inspection only after 8 PM. 

Background 

 In October, 2022, the Court had directed all states/UTs to file status reports. Last year, it directed states/UTs of Uttar Pradesh, Madhya Pradesh, Rajasthan, Haryana, Punjab, Delhi, Jammu and Kashmir, Uttarakhand, Himachal Pradesh, and Bihar to furnish their winter plans and the temporary measures initiated for the urban homeless. On this occasion, Advocate Prashant Bhushan (for petitioner) highlighted a two-fold problem: the inadequacy of shelters and the condition of the shelters.

During the hearing on December 3, Bhushan argued that the total capacity of shelters across Delhi is 17000, although it should be more than 2 lakh. He further informed that since the Court's orders in 2022, 9 shelters have been demolished, displacing 450 homeless persons living in them (exceeding the capacity of 286). It was also contended that authorities were restrained from demolishing shelters without permission of the Court, yet 5 more shelters were closed citing dilapidated condition - which further displaced 250 homeless persons.

Subsequently, a counsel pointed out that the problem was not limited to Delhi. He further urged that there are various agencies looking after the shelters, but they are not being paid wages. It was requested that Union of India may be asked to revive the 2013 National Urban Livelihoods Mission scheme (which lapsed in 2018). Hearing him, the bench asked for the assistance of AG Venkataramani and adjourned the hearing.

On December 4, the AG appeared. Justice Gavai pointed to him that the states have amended the relevant scheme and the aspect of funding from central government needs to be looked at. Justice KV Viswanathan, on his part, highlighted that since the lapse of the scheme in 2018, it has not been renewed. In reply to this, the AG said that a new scheme is being proposed. Before parting, the bench also conveyed that assistance can be taken from corporates under the CSR scheme. Ultimately, the Court called for an affidavit from DUSIB, indicating inter-alia the number of persons who could be accommodated in existing shelters and how the Board proposed to address deficits (if any).

Case Details : E.R. Kumar v. Union of India | Writ Petition (Civil) No. 55 of 2003 

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