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2020 Supreme(Del) 248
IN THE HIGH COURT OF DELHI AT NEW DELHI
HIMA KOHLI, SUBRAMONIUM PRASAD, JJ.
Sunil Kumar Aledia - Petitioner
Versus
Govt. of NCT of Delhi And Ors. - Respondents
W.P.(C) 2978 of 2020 and CM APPL. 10329-30 of 2020
Decided On : 20-04-2020
For the Petitioner:Mr. Kamlesh Kumar Mishra, Advocate
For the Respondent:Mr. Sanjay Jain, ASG with Mr. Parvinder Singh Chauhan, Advocate, Mr. Manik Dogra and Ms. Aastha Lumba, Advocates
The court emphasized the importance of ensuring adequate care and facilities for vulnerable individuals during the Covid-19 lockdown.
Headnote:
Public Interest - Covid-19 Relief Measures - -
Fact of the Case:
The court addressed issues related to homeless persons, public toilet charges, and provision for construction workers during the Covid-19 lockdown.
Finding of the Court:
The court found that the concerned respondents had satisfactorily addressed the issues raised in the petition, ensuring adequate care and facilities for the affected individuals.
Issues: The issues included the lack of shelter, toilet, and medical facilities for homeless persons, levying charges for public toilet facilities, and provision for construction workers during the lockdown.
Ratio Decidendi: The court was satisfied with the arrangements made by the respondents to address the concerns raised in the petition.
Final Decision: The petition was disposed of with directions issued to the respondents to continue taking necessary steps to ensure the well-being of the affected individuals throughout the lockdown period.
ORDER :
1. The present Public Interest petition has been placed before this Bench on urgent mentioning being allowed.
2. The matter has been heard through Video Conferencing.
3. In the background of the lockdown imposed by the Union of India and the Govt. of NCT of Delhi to deal with the Covid-19 pandemic, the following threefold issues have been raised in the present petition:-
(1) That thousands of homeless persons, Daily wage workers, stranded and living in the open along the bank of river Yamuna, at Kashmere Gate, Delhi are without any shelter, toilet or medical facility.
(2) That payment is demanded from users of Public Toilet facilities in and around the Homeless Shelters and Slum Clusters.
(3) That thousands of Construction workers of Shapoorji Pallonji Construction Company engaged in the construction work at Pragati Maidan are stranded without any proper provision for their food at the Labour camp near Sarai Kaale Khan.
4. Learned counsel for almost all the contesting respondents are present on being served with an advance copy of the writ petition. Mr. Sanjay Jain, learned ASG appears with Mr. Parvinder Singh Chauhan, Advocate for the respondent No.2/Delhi Urban Shelter Improvement Board (in short, ‘DUSIB’). He states that he has also received instructions to appear on behalf of the respondent No.1/GNCTD, respondent No.3/Commissioner of Police and respondents No.9 and 10/Department of Labour, GNCTD. Appearance is entered by Mr.Manik Dogra with Ms. Aastha Lumba, Advocates for the respondent No.5/Shapoorji Pallonji and Company Private Limited (in short, ‘Company’). Though we are informed that a counsel has entered appearance for the respondent No.6/NBCC, due to a technical glitch at his end, he is not able to connect through Video Conferencing. In any case, the primary relief in the present petition is directed against the respondent No.1/GNCTD, respondent No.2/DUSIB and the respondent No.5/Company.
5. Mr. Sanjay Jain, learned ASG contends that insofar as the issue No.1 is concerned, which relates to daily wage workers being stranded on the Yamuna embankment allegedly without any shelter, toilet or medical facilities, learned counsel for the petitioner has not undertaken a thorough exercise before approaching the Court by filing the present petition. He submits that there were 4229 inhabitants living at Yamuna pushta. From out of the said 4229 inhabitants, between 14.04.2020 to 16.04.2020, 3600 have been shifted to different schools in East Delhi, West Delhi and North West Delhi; 600 have been shifted to the Yamuna Sports Complex and 358 have been shifted to Shelter Homes being run by the respondent No.2/DUSIB. DUSIB has arranged make-shift shelters for them at whichever place they have been shifted to. Besides the above, arrangements have been made for providing free food, potable water, mobile toilet vans, sanitation and medical facilities. It is thus stated that none of the daily wage workers are stranded and living in the open at Yamuna pushta, as asserted by the petitioner.
6. On the aforesaid information being furnished on behalf of the respondents No.1, 2, 3, 9 and 10, Mr. Kamlesh Kumar Mishra, learned counsel for the petitioner states that the present petition was filed on 17.04.2020 when the above position was not to the knowledge of his client. He states that he is satisfied that the daily wage workers referred to in issue No.1 are being adequately taken care of by the respondent No.2/DUSIB.
7. Coming next to the second issue raised in the present petition, which relates to levying charges for use of the public toilet facilities in and around Shelter Homes and Slum clusters, learned ASG states on instructions that ever since 01.01.2018, the respondent No.2/DUSIB has been providing toilet facilities in J.J. clusters without levying any charges. He further states that on verifying from the civic authorities in Delhi, the information gathered is that none of the municipal bodies are levying any charges for using public to
