The Supreme Court on Friday told the National Legal Services Authority (NALSA) to check and report on moving urban homeless shelters in the national capital because of DMRC construction work.
The top court was considering a public interest lawsuit filed in 2003 by ER Kumar, which pointed out that eight existing shelter homes in Anand Vihar and Sarai Kale Khan areas of the capital were closed because of the construction work being done by the Delhi Metro Rail Corporation (DMRC).
A bench with Chief Justice B R Gavai and Justices N V Anjaria and Alok Aradhe was asked by advocate Prashant Bhushan, the petitioner's lawyer, who mentioned that closing these shelters would make hundreds of people homeless. Bhushan told the court that even though six shelters had already been closed before, the authorities now plan to shut down eight more shelters in Sarai Kale Khan and Anand Vihar, which are currently home to more than 1,000 homeless people.
The Delhi Urban Shelter Improvement Board (DUSIB) has allowed moving these shelters because of the ongoing construction work for the Delhi Metro, and new places have been found for them to move to.
The Chief Justice directed the director of NALSA to appoint an officer from NALSA who will look into the matter and prepare a report.
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The report should include the following details: (1) how many people are living in the shelter homes, (2) if the alternative location can hold all those people, and (3) what facilities are available at that location. The bench told NALSA to give a report in two weeks. It also made it clear that the inspection should happen after 8 pm, taking into account Bhushan's point about the large number of people coming for shelter at night.
During the hearing, Bhushan mentioned the data from DUSIB and stated that it already showed the level of occupancy. The Chief Justice said the court would depend on an independent check done by NALSA.
“Why should we disbelieve our officer? "The CJI said, 'We are asking him to go to the site himself,' and added that the court is 'only looking at whether relocation is allowed or not' at this time."
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