The Supreme Court on Monday scheduled a hearing on the petition challenging the demolition of homeless shelters in Delhi on March 20. The case was heard before Chief Justice of India (CJI) D.Y. Chandrachud.
The petitioners’ counsel contended that nine more-night shelters had been demolished since the petition was last mentioned.
The Counsel requested that the matter be heard by the Supreme Court on March 17, but the CJI scheduled it for next Monday.
Earlier on February 15, the Apex Court heard an urgent case involving the demolition of a homeless night shelter in Sarai Kale Khan by the Delhi Development Authority (DDA).
The matter was raised before the CJI by Advocate Prashant Bhushan, who stated that it had been listed before the Bench of Justice Ravindra Bhat and Justice Dipankar Datta.
The Counsel then submitted that because Justice Bhat was not present and the demolition had already begun, the matter required an urgent hearing.
The matter was then listed before the Bench of Justices Hrishikesh Roy and Dipankar Datta, with the CJI stating that because Justice Datta was sitting with Justice Bhat, it had to be mentioned there.
Bhushan argued that the demolition was ordered on February 14 and was set to begin at 10:30 a.m. the following day. However, when the authorities learned that the case had been assigned to the Supreme Court, the process was postponed.
The Counsel displayed pictures of demolition and stated that it was taking place right now (on the morning of February 15).
The night shelter, which housed 50 homeless people, had already been demolished by the time the matter was heard by the Bench of Justice Roy and Justice Datta.
The Bench then observed that nothing could be done now because the element of urgency had passed. However, the Supreme Court stated that it would deal with the issue of rehabilitation for those affected.
The petition had challenged demolition on the grounds that no alternative arrangement had been made for the shelter home’s occupants.
Bhushan argued that the decision to demolish the shelter was made at a meeting of the State Level Shelter Monitoring Committee (SLSMC) in response to a proposal floated by the Delhi Urban Shelter Improvement Board (DUSIB).
He stated that the DUSIB provided two reasons for the proposed demolition. According to the report, the Deputy Commissioner of Police, South East District, Delhi, recommended that the shelter be removed because it served as a “hide-out” for history-sheeters.
Furthermore, the Horticulture Division had requested that the shelter be removed because the DDA was constructing a Bamboo garden named Baansera in the area, and also because the shelter home was located at the entrance to this dream project, according to the plea.
The petitioner also stated that the site was chosen as one of the locations for the G-20 summit meetings to be held in Delhi.
It also stated that orders for the removal of shelter by criminalising the homeless or for the beautification of the city and the construction of dream projects could not be allowed and constituted a gross violation of the homeless’ right to life.
The petition argued that there were arrears in funds that were payable for the maintenance of these shelters, which was the cause of their plight.
Bhushan also highlighted that this was a clear violation of court guidelines, which called for the construction of adequate shelters in every city, as well as basic amenities, to ensure that the homeless have a dignified life.
According to the petition, inadequate staffing, sanitation, and maintenance of the shelter are not grounds for its removal, and the Supreme Court should discourage the practise of labelling homeless residents as “criminals” and “miscreants” without any basis.
The petition sought directions to the State to place on record its policy for resettlement or relocation prior to the demolition or removal of any urban homeless shelter. In the absence of such a policy, it requested the Supreme Court to direct the State to develop such policy in a time-bound manner.
The Delhi High Court is currently hearing a slew of petitions challenging the DDA’s demolition campaign near the Mehrauli Archaeological Park.
