IN THE HIGH COURT OF DELHI AT NEW DELHI
DEVENDRA KUMAR UPADHYAYA, C, Tejas Karia, JJ
THE COURT ON ITS OWN MOTION – Appellant
Versus
THE SECRETARY, MINISTRY OF HEALTH AND FAMILY WELFARE & ORS. – Respondent
W.P.(C) 380/2026 & CM APPL. 3166/2026
| Table of Content |
|---|
| 1. intervention application granted, allowing participation in case. (Para 1 , 2) |
| 2. reports indicate agency efforts to improve patient conditions. (Para 4 , 5 , 7 , 9 , 10) |
| 3. agencies are tasked with maintaining shelter standards promptly. (Para 12 , 13 , 14 , 15 , 16) |
| 4. future meetings and reports are mandated for ongoing oversight. (Para 18 , 19 , 20 , 21) |
ORDER
CM APPL. 2401/2026
1. This Application has been filed under Section 151 of the Code of Civil Procedure 1908 , on behalf of Mr. Dushyant Sejwal seeking permission of the Court to intervene in this Petition.
2. Having regard to the averments made in this Application, we permit the Applicant, Mr. Dushyant Sejwal, to intervene in the matter and assist the Court by way of making suggestions, filing Affidavits and requisite Notes from time to time as may be required by the Court.
3. The Application stands allowed.
W.P.(C) 380/2026
4. We have received the Report of the Principal District and Sessions Judge (South) Saket Courts Complex vide his letter dated 15.01.2026. The said Report is taken on record. Let a copy of this Report be shared by Mr. Sameer Vashisht, learned Standing Counsel for GNCTD to the learned Counsel representing the Interveners.
5. We have perused the said Report and express our satisfaction to the manner in which the meeting was conducted where all the Government Agencies extended their possible cooperation.
6. The learned Counsel representing the All India Institute of Medical Sciences (“AIIMS”) has also submitted a Status Report, along with certain photographs, which are taken on record. Let a copy of this Status Report be shared by the learned Counsel representing the AIIMS with the learned Counsel representing all the Parties, including the Interveners.
7. In the said Status Report filed on behalf of the AIIMS, certain short- term measures, which have been taken, have been elaborated. Apart from the short-term measures, as a long term measure a proposal appears to be under consideration for establishing a 3000 bedded Vishram Sadan on a land admeasuring around 2 acres at Ansari Nagar (West Campus of the AIIMS). As per the Status Report, the said 3000 bedded Shelter is likely to be developed with the support of one Non-Government Organization namely Sevadan Arogya Foundation, Ahmedabad.
8. The aforesaid step taken by the AIIMS, in our opinion, shall go a long way in meeting the problems being faced by the homeless attendants / patients. We expect that the said facility shall come up within the minimum possible time. We appreciate the efforts made on behalf of the administration of the AIIMS, especially the zeal shown by its Additional Director (Administration).
9. An Action Taken Report has been filed by the Delhi Urban Shelter Improvement Board (“DUSIB”) as well giving in detail the steps taken for creating short-term measures. The said Action Taken Report is also taken on record.
10. From the above Reports submitted by the AIIMS, the DUSIB and also by the Principal District and Sessions Judge (South) what we notice is that the efforts from all concerned are being made in right earnest to address the problems being faced by the homeless attendants / patients in and around the hospitals.
11. We put on record our appreciation for the efforts made by all the Authorities / Government Agencies.
12. Mr. Avi Singh, learned Senior Counsel representing the Intervener in CM APPL. 2401/2026 has tendered a Note enclosing therewith certain photographs, which are said to have been taken on the night of 16.01.2026. One of the issues flagged by Mr. Singh is that the Night Shelters, which have been set-up in the subways need to be covered at their entrances and exits by appropriate sheets and further that adequate number of beddings should also be provided in the said Shelters.
13. We have been informed by the learned Counsel representing the Delhi Police, the New Delhi Municipal Council, the DUSIB and Mr. Vashisht, learned Standing Counsel for the GNCTD that Nodal
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