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2011 Supreme(SC) 1271
SUPREME COURT OF INDIA
Dalveer Bhandari, Dipak Misra, JJ.
People's Union For Civil Liberties - Petitioner
Versus
Union of India and Ors. - Respondent
I.N. Nos. 94 and 96 in W.P.(C) No. 196 of 2001 with I.A. No. 82 of 2008 in W.P.(C) No. 196 of 2001, I.A. Nos. 113 and 115 in W.P.(C) No. 196 of 2001.
Decided On : 12-12-2011
For the Petitioner:Mr. Anuj Castleino, Ms. Jyoti Mendiratta, Advocates.
For the Respondent:Mr. D.L. Chidananda,Sunita Sharma, A. Deb Kumar, Sushma Suri, Anil Katiyar, Y. Lokesh, D.S. Mahra, Advocates.
Headnote:
Evidence – Jurisdiction – Illegal and arbitrary - DUSIB is implementing an approved Plan Scheme namely Construction, Management and Maintenance of Shelters in Delhi for which the funds are being provided annually by Government of NCT of Delhi. An amount of 2has been approved for the financial aforementioned scheme, out of which have been spent as – Held, No affidavits have been filed by these States in pursuance to order passed by this Court - Court grant one more opportunity to these States to file their affidavits on or with an advance copy to learned counsel for the petitioner - In affidavit it may be indicated as to how many permanent/temporary night shelters have been set up in State -Chief Secretaries of these States must ensure that if adequate number of permanent night shelters are not available in States then temporary night shelters be erected in this winter so that the homeless people are not compelled to sleep on pavements public parks or public street - Let an affidavit to that effect be filed by Chief Secretary on or before - Court direct Court Commissioner to file a comprehensive report about the number of permanent and temporary night shelters set up in various States in country and what facilities have been augmented in those night shelters - Let report be filed on or before - According to standard norms, State of Gujarat requires 101 permanent night shelters - Learned counsel appearing for State of Gujarat submits that 13 permanent night shelters are operational as on date and State has decided to construct, in all, 101 permanent night shelters in 5 major cities of the State and the construction work of these night shelters is in progress - According to averments made in the application all these night shelters will be made operational on or before - An affidavit has been filed by the Principal Secretary to the Government of Jammu & Kashmir Housing and Urban Development Department learned senior counsel appearing for petitioner wants to file reply to this affidavit - Let reply to said affidavit be filed by counsel for petitioner on or before – Order accordingly
ORDER :
Dalveer Bhandari, J.
NCT OF DELHI:
1. The Chief Secretary of the Government of NCT of Delhi has filed an affidavit on 1.11.2011 in which it is mentioned that Delhi Urban Shelter Improvement Board ('DUSIB' for short) is implementing a plan scheme, namely, Construction, Management and Maintenance of Shelters in Delhi, pursuant to which 64 permanent night shelters have been set up in different parts of Delhi for homeless people. Out of these 64 night shelters, 27 permanent night shelters were set up on existing community halls during the last winter season pursuant to the direction of this Court. It is further mentioned in the affidavit that DUSIB is directly managing the 46 permanent night shelters under the overall supervision of the nodal officer i.e. Superintending Engineer of DUSIB and 18 permanent night shelters are being managed through various NGOs. It is submitted that in addition to the 64 permanent night shelters, 84 temporary night shelters were set up in tents during the last winter season. For running these temporary night shelters, grant-in-aid amount of 70 lakhs was released during 2010-11. It is further submitted that due to the non- occupancy and because of shifting of inmates to permanent night shelters having better facilities, as on date, only 19 temporary night shelters are functional. Temporary night shelters are being operated by NGOs under the supervision of the mother NGO, the St. Stephens Hospital for homeless people.
2. DUSIB is implementing an approved Plan Scheme namely, "Construction, Management and Maintenance of Shelters" in Delhi for which the funds are being provided annually by Government of NCT of Delhi. An amount of 280 lakhs has been approved for the financial year 2011-12 to the aforementioned scheme, out of which 60 lakhs have been spent as on 30.09.2011.
3. In the affidavit it is further mentioned that DUSIB has been providing various facilities, like blankets, durries, jute mats, drinking water supply, toilet facilities in all permanent night shelters.
4. It is also mentioned that in order to create awareness amongst the shelter less people, wide publicity is given in the leading newspapers in English and Hindi and this year also, before the arrival of winter season, wide publicity would be given through advertisements in the leading newspapers by putting up sign boards at public places, like railway stations, religious places and bus stands etc.
5. DUSIB has made earnest efforts by requesting Delhi Police to mobilise PCR vans and issue directions to SHOs to shift the persons sleeping on the pavements, under the bridges and public parks etc. to the nearest night shelters of the area to use the shelter facilities.
6. DUSIB has also requested the health department of the MCD and the Government of NCT of Delhi for providing medical facilities either through deputing doctors to visit the night shelters or by providing mobile health vans.
7. Mr. Parasaran, learned Additional Solicitor General appearing for the NCT of Delhi submits that 35 more temporary night shelters will be created on or before 15th of December, 2011. Mr. Parasaran has assured the Court that the Delhi Government would be providing as many night shelters as would be required in the ensuing winter season and it would be done on priority basis.
8. Mr. Colin Gonsalves, learned senior counsel appearing for the petitioner submits that out of 64 permanent night shelters, only 42 night shelters are functional and 21 night shelters have been closed and 1 could not be located.
9. In order to resolve the controversy, we deem it appropriate to direct the Court Commissioner to visit the various night shelters of Delhi along with the officials of DUSIB and submit a report regarding the conditions of the night shelters in Delhi, before the next date of hearing.
RAJASTHAN:
10. The Chief Secretary to the Government of Rajasthan has filed an affidavit with which a comprehensive chart has been enclosed which has given some information regarding pe
