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2010 Supreme(SC) 154

2010 (14) SCC 245
Supreme Court of India
THE HONOURABLE MR. JUSTICE DALVEER BHANDARI & THE HONOURABLE MR. JUSTICE K.S. RADHAKRISHNAN
People’s Union of Civil Liberties
Versus
Union of India & Others
I.A.No.94 with I.A.No.196 in WP (C) No.196 of 2001
Decided on : 10-02-2010

Advocates appeared:
For the Appellant:M/s. Colin Gonsalves, Senior Advocate, Ms. Divya Jyoti & Ms. Jyoti Mendiratta, Advocates. For the Respondents:M/s. P.P. Tripathi, Mohan Parasaran & Vivek Tankha, Additional Solicitor Generals, S.K. Dwivedi & Manjit Singh, Additional Advocate Generals, Dr. Manish Singhvi, Pramod Swarup & T.S. Doabia, Senior Advocates, Jana Kalyan Das, Ms. Hemantika Wahi, Somnath Padhan, B.V. Balaram Das, Ms. Indra Sawhney, Devanshu Kr. Devesh, Milind Kumar, Riku Sarma, M/s. Corporate Law Group, Ms. Rachana Srivastava, T.V. George, Ms. Kamini Jaiswal, Khwairakpam Nobin Singh, Girish Agrawal, Ranjan Mukherjee, V.G. Pragasam, S.J. Aristotle, Prabu Rama Subramanian, Jatinder Kr. Bhatia, R.K. Gupta, Rajeev Dubey, Ms. Vandana Mishra, Anil Kr. Jha, Kamlendra Mishra, Ravi Prakash Mehrotra, Gopal Singh, Manish Kumar, Rituraj Biswas, Tara Chandra Sharma, Ms. Neelam Sharma, Kumar Rajesh Singh, Ms. Prema Kumari Singh, B.B. Singh, Anil Shrivastav, Gopal Prasad, G.V. Chandrashekhar, N.K. Verma, Ms. Anjana Chandrashekhar, Ramesh Babu, M.R., Ms. D. Bharati Reddy, Sanjay R. Hegde, Ms. Sumita Hazarika, Kamal Mohan Gupta, Abhinav Mukerji, Ajay Pal, Kuldip Singh, Ms. A. Subhashini, Ravindra Keshavrao Adsure, Prashant Kumar, Vishwajit Singh, Sanjay U. Kharde, Ms. Asha G. Nair, D.L. Chidananda, S. Wasim A. Qadri, Ms. Sunita Sharma, Ms. Saima Bakshi, Ron Bastian, D.S. Mahra, Ms. Varuna Bhandari Gugnani, Ms. Sushma Suri, Ms. Anil Katiyar, K.V. Mohan, Rajesh Srivastava, Anuvrat Sharma, Pragyan P. Sharma, P.V. Yogeshwaran, K.N. Madhusoodhanan, R. Sathish, R.C. Kaushik, Pradeep Misra, Venkateswara Rao Anumolu, B.S. Banthia, G. Prakash, D.K. Sinha, Vikas Mehta, Naresh K. Sharma, Anis Suhrawardy, S.M. Jadhav, Balaji Srinivasan, B.D. Vivek, Ms. Madhusmita Bora, Edward Belho, Enatoli Sema, C.M.K. Kennedy, T. Harish Kumar, Prasanth P.V. Vasudevan, Sanjib Sen, Ms. Anuja Chopra, P. Parameswaran, V.B. Saharya (for M/s. Saharya and Co,), Ms. Aruna Mathur, Viman Dubey & Amarjeet Singh Girsa, Advocates.

Headnote:(a) Civic amenities – Providing shelter to the homeless – Positive response both from NCT of Delhi and the Delhi Development Authority in solving this human problem – Appreciated. (Para 14)

       2010 (5) SCJ 185 : (2010) 5 SCC 423 – Referred

       (b) Food Security – BPL/AAY cards for food articles and kerosene oil to BPL families – 14850 people identified in Delhi – Samajik Suvidha Sangam (SSS) or Mission Convergence – Income categories of Central Government and vulnerability criteria of the Government of NCT of Delhi yet to be reconciled – Programme of community kitchens (Aapki Rasoi) lauded. (Para 17, 18, 23, 28)

       (c) Street Children – A pilot project of four residential schools already started in Delhi – Successfully running for the last three years – 300 such schools required – Counsel to file affidavit – Matter adjourned. (Para 31, 32)

       Facts of the case:

       In this case progress in the matter of providing shelter to shelter less people has been reviewed.

Judgment :

In pursuance of the direction of this Court for providing shelter to shelterless people in Delhi, Mr. Mohan Parasaran, learned Additional Solicitor General appearing for NCT of Delhi has submitted a status report. In the status report it is mentioned that pursuant to the directions of this Court passed on 20-1-2010 People’s Union for Civil Liberties v. Union of India, 2010 (5) SCJ 185 = (2010) 5 SCC 423, an urgent meeting was called by the Chief Secretary, Government of NCT of Delhi to examine the problem of providing adequate shelter in the light of the prevailing cold weather conditions in the capital. The significant decisions taken in the meeting convened by the Chief Secretary, NCT of Delhi are as follows:

(1) It was decided to double the existing number of accommodations in the night-shelters through the Municipal Corporation of Delhi from the existing 5000 persons to a capacity of 10,000 persons.

(2) In the case of Revenue Department of Delhi Government, the increase was by 500 persons.

2. It is alsomentioned in the status report that subsequent to the directions passed by this Court, the Revenue Department of 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. Those night-shelters are at: Fountain, Mori Gate, Pul Mithai, Jamuna Bazar, Kudaisea Ghat, Shahdara, Nizamuddin, Jhandewalan, Idgah, Meena Bazar, Jama Masjid, Delhi Gate, Anand Parvat near Rachna Cinema (Ratanpuri Chowk), Rajinder Nagar, Himmat Garh Chowk (Asaf Ali Road), Kalkaji Flyover, Okhla Flyover, Sarita Vihar.

3. Seven new additional night-shelters pursuant to the direction of this Court were located at: Raghuvir Nagar, Sarai Kale Khan, Azadpur Fruit Mandi, Kamla Market, Mata Sundari Road, Nigambodh Ghat and Shahdara.

4. In the status report, it is also mentioned that identification of sites as wells the determination of capacity in each shelter was done in active consultation with the NGO’s namely, Ashrey Adhikar Abhiyan and Indo Global Social Service Society (IGSSS). They were closely associated in the entire process of site selection, capacity determination and day-to-day management of the night-shelters. Necessary facilities were provided in these night shelters to the homeless. Basic amenities such as blankets, drinking water and mobile toilets were provided.

5. Delhi Jal Board has taken the responsibility of providing potable water. Slum and JJ Department, MCD has taken the responsibility of providing mobile toilets and police has provided the security to the inmates of these temporary night-shelters. The Directorate of Health Service has taken the responsibility of providing facilities for regular health check-up of the inmates of temporary night-shelters. BSES/NDPL has taken the responsibility of providing electricity connections in the temporary night-shelters. 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 these tents. The Revenue Headquarters bears the expenditure for blankets, electricity connections, etc.

6. In pursuance of the directions of this Court, adequate publicity was made in the electronic media and print media so that the homeless people can get information about the shelter homes.

7. In addition to the Delhi Government, Municipal Corporation of Delhi is providing night-shelters in permanent buildings and the same is managed through its Slum and JJ Department in coordination with the NGOs. Before the directions of this Court, the number of night-shelters in permanent buildings was 27. After the directions of this Court, the capacity has increased by 37 w.e.f. 21-1-2010, taking the total number of night-shelters to 64. This has resulted an increase in the capacity from 4165 pers



























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