Dipak Misra, C.J.

CM Nos. 1396/2011, 1397/2011, 5295 /2011, 6876/2011 and 8614/2011 CM No.

1. 1396/2011 has been filed on behalf of the Hanuman Road Residents Association (for short, 'the Association) for its impleadment and for issuance of an appropriate order or direction for restraining the Respondents from changing the user of the 'Hanuman Road Park' from it being an ornamental park or in any way interfering in the quiet user and enjoyment of any portion of the park in the hands of the members of the Petitioner and to restrain the Respondents from setting up any permanent structure in the said park and to forthwith remove the temporary night shelter illegally set up therein.

2. CM No. 1397 /2011 has been filed by the Association for shifting the night shelter to an appropriate alternate site.

3. CM No. 5295/2011 has been filed on behalf of the learned Amicus Curiae for converting the temporary shelters for homeless people into full fledged permanent shelters and to command the Respondent to comply with and act in terms of the order dated 22.1.2010 and to develop a long term plan for the homeless people in Delhi. It is further prayed that directions be issued to the Respondents to submit a report in accordance with Clause 4.3 of the Master Plan for Delhi, 2021 for homeless people and to provide all the necessary facilities to the temporary shelters.

4. CM No. 6876/2011 has been filed by the Delhi Urban Shelter Improvement Board (for short, 'the Board') for closing down the night shelters whose occupancy is nil or less than 10 persons. It is asserted in this petition that the Board has found that in many night shelters the occupancy is nil or is low. A chart showing the occupancy during the period 15.3.2011 to 10.4.2011 has been brought on record as Annexure 'A' to the said petition.

5. CM No. 8614/2011 has been filed by the Department of Revenue, GNCTD, seeking modification of the order dated 25.5.2011 stating, inter alia, that the said order requires to be modified to curb wasteful government expenditure as the occupancy rate in the temporary night shelters is abysmally low in the non-winter months. A prayer has been made to permit the accommodation of the homeless in permanent night shelters being run by the Board which have facilities of water, toilet and electricity so that these permanent night shelters are optimally utilized and public funds are prudently spent.

6. CM No. 1396 /2011

This is an application for impleadment to protect the interest of the association. In our considered opinion, the association should file an independent writ petition as the controversy has a different contour.

With the aforesaid observations, the application stands disposed of.

7. CM No. 1397 /2011

As we have already opined that the association should file an independent writ petition seeking redressal of the grievance, no order need be passed on the present application.

The application is accordingly disposed of.

8. CM Nos. 5295 /2011, 6876/2011 and 8614/2011 These three applications, being interlinked and interwoven, are dealt with by a common order. As has been stated earlier, an application has been filed by the GNCTD to modify the order dated 25.5.2011 and grant permission to close certain shelter homes which have less occupancy.

9. The other application has been filed by the learned Amicus Curiae for providing facilities to the temporary shelter homes and further to establish permanent shelter homes and command the GNCTD to file its response indicating what steps have been taken for providing shelter to homeless people as mandated in the Master Plan for Delhi, 2021.

10. Before we proceed to deal with the said order, it is appropriate to refer to the relevant part of the order dated 13.1.2010. It reads as follows:

We also note that in paragraph 4.3 of the Master Plan the provision for night shelter has been specifically mentioned. In fact the requirement of night shelters has been indicated to be one shelter per one lac population. We would