The Supreme Court in the case Deepan Bora and others vs Union of India observed while taking a note of the fact that the night shelters at Sarai Kale Khan, Delhi have been demolished under the orders passed by the Delhi Urban Shelter Improvement Board, DUSIB. Therefore, the court is now to consider the issue of rehabilitation.
The application was urgently mentioned by Advocate Prashant Bhushan before the Chief Justice of India DY Chandrachud, wherein stating that demolitions have commenced.
The bench headed by CJI DY Chandrachud noted that the matter is listed before a bench comprising Justice Ravindra Bhat and Justice Dipankar Datta.
It has been submitted by Advocate Prashant Bhushan that since Justice Bhat was not sitting, the Bhushan has urgently mentioned the matter before the CJI.
It has been stated by him that, what has happened is last evening they ordered demolition and the Demolition is happening at Sarai Kale without providing any rehabilitation. The said Demolition was to start after 10.30 and they got the wind of the fact that we were mentioning it now so they started it. It is happening right now. I can also show you the pictures of the same.
The bench of CJI DY Chandrachud stated that the matter needs to be mentioned before Justice Hrishikesh Roy and Justice Dipankar Datta. Thus, Justice Datta was sitting with Justice Bhat so the matter has to be mentioned there.
However, the sub-stratum of the application was that the night shelter is being demolished without providing of any alternative place to the occupants.
During the time, the comprising Justice Roy and Justice Datta took the matter and has stated that the night shelter had already been demolished. Justice Roy considering the same noted that urgency in the matter no longer exists and nothing can be done at present. Adding to it, Justice Datta stated that the court is to consider the question of rehabilitation.
Further, it has been suggested by Mr. Bhushan while agreeing to the same that if the application can be taken up along with the main petition which was coming up on 22.02.2023. It has also been asked by Justice Roy to incorporate the subsequent developments and file a fresh application. Adding to it, he also indicated that the amended application can be taken up on 22.02.2023 along with the main plea.
The application filed seeks a stay on the demolition of night shelter 235 located at Sarai Kale Khan, Delhi and according to the application, the shelter houses over 50 homeless residents of this city. It has been stated under the application that the proposal for removal of night shelter was made without making any alternate arrangements for the relocation of the residents of the shelters. Therefore, the recommendations for the removal of the shelter has been made as the shelter has become subject to crime and a hideout for history sheeters and the DDA is constructing a bamboo garden named Baansera in the Yamuna floodplain area at Sarai Kale Khan and the shelter home is being located at the entrance of the said project.
The application further states that the law and order situation cannot be the only ground for the removal of the shelter which is situated in the proximity of the railway station where homeless residents usually work and the shelter has been set up in compliance of the guidelines for the construction of shelters for the homeless urban.
It has been stated by the Delhi Police that there being is garbage and food thrown all around the shelter which leads to various diseases. However, the poor sanitation, staffing and the maintenance of the shelter which cannot be ground for removal of shelter that houses homeless residents.
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