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2010 Supreme(SC) 596

(2010) 13 Supreme Court Cases 63
DALVEER BHANDARI AND DEEPAK VERMA, JJ.
PEOPLE'S UNION FOR CIVIL LIBERTIES -Petitioner
Versus
UNION OF INDIA AND OTHERS -Respondents
Writ Petition (C) No. 196 of 2001 with IAs Nos. 27-30, 33,41-43,45 in IAs Nos. 41, 46-47, 51-52, 55-57, 63-74, 76, 78-90, 92-94, 96, 98-103 in WP (C) No. 196 of 2001 and Contempt Petition No. 99 of 2009 in WP (C) No. 196 of 2001
Decided on : July 21,2010

Headnote:Civic Amenities – Shelters for poor and homeless urban people – Status of progress in different States and UTs reviewed – Court expressing satisfaction over Bihar and Rajasthan – All other States and UTs directed to file detailed/better affidavit and status reports on next date.

ORDER

In re State of Andhra Pradesh

1. As far as the State of Andhra Pradesh is concerned, the learned counsel appearing for the State, who has just received instructions, prays for some time. We grant two months’ time to implement all previous order of this Court. An affidavit may be filed by the Secretary/Chief Secretary concerned within two months.

In re State of Bihar

2. In pursuance of the directions of this Court, on 2-6-2010, the Chief Secretary, State of Bihar has filed an affidavit. In the said affidavit it is indicated that considering the importance of the subject, the Hon'ble Chief Minister has convened a high-level meeting which was attended by the Minister of Health, the Minister for Food and Consumer Affairs, the Minister for Social Welfare Department, the Advocate General, the Standing Counsel for the State of Bihar in the Supreme Court. The Chief Secretary, Development Commissioner and Secretaries of the departments concerned were also present.

3. The Hon'ble Chief Minister was of the view that the recommendations made by the Court Commissioner is indeed in public interest and would sub-serve a noble cause. The recommendations, on their implementation, would go a long way in mitigating the plight of those people of the State who have no shelter and no means to afford minimum food requirement.

4. In the meeting it was decided that, as a first step, three new shelters be constructed at Patna and one in each of the divisional towns of Chapra, Muzaffarpur, Darbhanga, Saharsa, Purnia, Bhagalpur, Munger and Gaya for urban homeless. The Department of Urban Development and Housing has already initiated steps for release of funds to the' Municipal Corporations/Town Committees concerned. It has been decided in the said meeting to renovate the existing permanent/night shelters in each of these towns. It has further been decided to make arrangements for meals for urban homeless people at subsidised rates. In addition, it has been decided to conduct a survey of urban homeless people under the guidance of the Department of Urban Development and Housing. It has been decided that the Department of Urban Development and Housing would ensure admission of homeless street children in the existing residential schools.

5. In the affidavit it was also incorporated that the Department of Urban Development and Housing has sanctioned a sum of Rs.1.86 crore to the Municipal Corporations/Town Committee concerned vide Letter dated 20-5-2010. The Department of Urban Development and Housing has earlier vide their Letter dated 15-5-2010 had directed the Municipal Corporation/Town Committee concerned to initiate steps for establishing the shelters.

6. We are very happy to note the change of attitude in the stand of the State. The State has also mentioned in the affidavit that the State of Bihar fully shares the anxiety of the Court and assured the Court that it shall take all possible steps which would go to ameliorate the living condition of homeless people and unprotected children. We hope and trust that all the shelters shall be constructed as expeditiously as possible, in any event, before the next winter.

In re State of Goa

7. Ms Subhashini, learned Standing Counsel appearing for the State of Goa submitted that the problem of homeless people which require night G shelter/permanent shelter does not exist in Goa, except for the migrated people. The learned counsel for the petitioner may inquire about it and submit an affidavit.

In re State of Gujarat

8. The learned counsel appearing for the State of Gujarat undertakes to file a better affidavit. Let the affidavit now be filed by the Chief Secretary of t the State.

In re State of Jammu and Kashmir

9. The learned counsel appearing for the State submits that he will file a comprehensive affidavit within two months.

In re State of Jharkhand

10. On 31-3-2010, an affidavit was filed by the State of Jharkhand in which it was mentioned that funds have already been allocated for construction of night/permanent sh























































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