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2010 Supreme(SC) 105

(2010) 12 Supreme Court Cases 176
DALVEER BHANDARI AND K.S. RADHAKRISHNAN, JJ.
PEOPLE'S UNION FOR CIVIL LIBERTIES – Petitioner
Versus
UNION OF INDIA AND OTHERS – Respondents
IA No. 94 in WP (C) No. 196 of 2001
Decided on : January 27, 2010

Advocates appeared:
Colin Gonsalves, Senior Advocate (Kishore Narayan and Ms Jyoti Mendiratta, Advocates) for the Petitioner;
Mohan Parasaran, Additional Solicitor General, Ms Jayshree Anand; Additional Advocate General, T.S. Doabia, Dr. Manish Singhvi and Pramod Swarup, Senior Advocates [So Wasim A. Qadri, Ms Sunita Sharma, Ms Sushma Suri. Ms Anil Katiyar, D.S. Mahra, Jana Kalyan Das, Ms Hemantika Wahi, Somanalh Pradhan, Boboy, B.V. Balaram Das, Pragyan P. Sharma, P.V. Yogeswaran, R.N. Updahyay, Ms Indra Sawhney, Devanshu Kr. Devesh, Milind Kumar, Riku Sharma (for M/s Corporate Law Group), A.P. Sahay, Ms Rachana Srivastava, Manoj Saxena, Mayank Nigam, T.V. George, Ms Kamini Jaiswal, Shish Pal Laler, Kh. Nobin Singh, Ranjan Mukherjee, V.G. Pragasam, S.J. Aristotle, Prabu Ramasubramanian, Jatinder Kr. Bhatia, S.K. Dwivedi, Ms Vandana Mishra, Manoj Kr. Dwivedi, G.V. Rao, Ravi Prakash Mehrotra, Gopal Singh, Manish Kumar, Rituraj Biswas, Tara Chandra Sharma, Ms Neelam Sharma, B.B. Singh, Kumar Rajesh Singh, Ms Prema Kumari Singh, Anil Shrivastav, Ritu Raj, Edward Belho, Enatoli Serna, Rituraj Biswas, T. Harish Kumar, Prasanth P., V. Vasudevan, Sanjiv Sen, Praveen Swarup, Ms Anuja Chopra, P. Parmeswaran, Atul Jha, D.K. Sinha, Gopal Prasad, G.V. Chandrashekhar, N.K. Verma, Ms Anjana Chandrashekar, Ramesh Babu M.R, Ms Anuradha Rustagi, Ms D. Bharati Reddy, Sanjay R Hegde, Ramesh Kr. Mishra, Vikrant Yadav, Ms Sumita Hazarika, K.K. Mahalik, Ajay Pal, Ms A. Subhashini, Kuldip Singh, RK. Pandey, T.P. Mishra, Sanjay Katyal, H.S. Sandhu, Ravindra Keshavrao Adsure, Prashant Kumar, Vishwajit Singh, Sanjay V. Kbarde, Ms Asha G. Nair, K.V. Mohan, A.K. Panigrahi, N.M. Varghese, Tessy Varghese, Rajesh Srivastava, Anuvrat Sharma, K.N. Madhusoodhanan, R. Sathish, RC. Kaushik, Pradeep Misra, Venkateswara Rao Anumolu, Vikas Upadhyay, B.S. Banthia, G. Prakash, Navneet Kumar, Anil Kr. Jha, Vikas Mehta, Kamlendra Mishra, Naresh K. 'Sharma, Anis Suhrawardy, S. Mehdi Imam, Tabrez Ahmad and S.M. Jadhav, Advocates] for the Respondents.

Headnote:Civic Amenities – Supreme Court giving directions on 20-1-2010 and assurance was given to the Court on behalf of the learned Additional Solicitor General for taking immediate steps – Matter reviewed with status reports filed by State agencies and Commissioners of the Court – Further responses sought from States and UTs – Matter adjourned till 9-2-2010. (Para 5, 9, 10, 10, 12, 14, 15, 17)

       Facts of the case:

       This case relates to night shelter for homeless people.

ORDER

1. On 20-1-2010 an assurance was given to this Court on behalf of the learned Additional Solicitor General that immediate steps would be taken to provide night shelters to the homeless people by the Government in coordination with all the agencies, including the non-government organisations. He also assured that not only the existing facilities would be improved but also additional facilities would be created such as blankets, water and mobile toilets.

2. Mr. Mohan Parasaran, learned Additional Solicitor General has filed a status report today in Court. In the report it is mentioned that the Chief Secretary, Government of NCT of Delhi had convened a high-level meeting with all the officers as well as interested parties at 4 p.m. on 20-1-2010 itself, in which some important decisions were taken. In the said meeting it was decided to double the existing number of accommodations in the night shelters through Municipal Corporation of Delhi from the existing 5000 persons to a capacity of 10,000 persons. In the case of the Revenue Department of the Delhi Government, the increase was by 500 persons.

3. It is also mentioned in the status report that subsequent to the directions passed by this Court, the Revenue Department of the Delhi Government pitched in 7 more night shelters taking the total number of 'night shelters to 24. Prior to that, 17 night shelters in temporary tents were operational at 17 places in Delhi since December 2009 and 7 additional night shelters were located at Raghuvir Nagar, Sarai Kale Khan, Azadpur Fruit Mandi, Kamla Market, Mata Sundari Road, Nigambodh Ghat and Shahdara.

4. It is also mentioned in the report that identification of sites as well as the determination of capacity in each shelter was done in active consultation with the NGOs, namely; Ashrey Adhikar Abhiyan (AAA) and Indo Global Social Service Society (IGsss). They were closely associated with the entire process of site selection, capacity determination and day-to-day management of the night shelters. Then the officials of the Revenue Department of the Delhi Government and the abovementioned NGOs have been working in unison for providing temporary shelters to the homeless and needy. Basic amenities such as blankets and cotton mattresses are distributed through these NGOs.

5. The Chief Minister of Delhi had given 1700 blankets for the purpose of distribution to the inmates of these night shelters. In addition to this, 1130 blankets had already been distributed through the Revenue Department in coordination with the NGOs. The NGOs have also made arrangements for medical check-ups and drinking water for the inmates of these night shelters. Daily attendance of occupancy is also maintained by volunteers from these NGOs.

6. While preparing for the installation of these temporary night shelters, the Revenue Department also associated various agencies which include:

(i) Delhi Jal Board for providing potable water;

(ii) Slum and Jhuggi Jhopri Department, MCD, for providing mobile c toilet vans;

(iii) police for providing security to the inmates of these tents and residents of neighbouring areas;

(iv) Directorate of Health Services for providing facility for regular health check-ups to the inmates of temporary night shelters;

(v) BSES/NDPL for providing electricity connections in the d temporary night shelters.

7. The Government is also giving instructions to all the Revenue Deputy Commissioners concerned to associate themselves for coordinating the entire exercise with various departments/agencies so as to effectively monitor the functioning of the tents. The Revenue Headquarters bears the expenditure for blankets, electricity connections, etc. A meeting was also held under the Chairmanship of the Divisional Commissioner on 27-12-2009.

8. In the status report it is further mentioned that for providing adequate information to the public, notices have been published in the newspapers. NDTV was invited to visit the night shelters and news footage was broadcast on










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