SC Restrains DDA From Demolishing Delhi’s Temporary Homeless Shelters Without First Approaching Court

The Supreme Court on Tuesday barred the Delhi Urban Shelter Improvement Board (DUSIB), the Delhi Police, the Delhi Development Authority (DDA), and all other authorities operating in Delhi from demolishing temporary homeless shelters without first obtaining permission from the Court.

A bench comprising Justices S Ravindra Bhat and Dipankar Datta passed the judgement having respect to the fact that the temporary shelters at Geeta Ghat are built for the particular category of the homeless such as persons afflicted with TB, orthopaedic disabilities and mental health conditions.

“In light of these circumstances, the DUSIB, Delhi Police, DDA, and all other authorities operating in NCTD are hereby directed not to demolish the three shelters currently operating at Geeta Ghat, as well as any other temporary shelter without approaching the court,” the bench ruled.

Although the bench initially mentioned only the shelters at Geeta Ghat, after Advocate Prashant Bhushan stated that there are more than 111 temporary shelters in Delhi-NCR, the bench added “any other temporary shelter” in the order.

The bench further ordered the DUSIB to work out and present a plan for the construction of alternative shelters in lieu of those demolished at the request of the Delhi police, DDA, or any other agency within the next six weeks.

The bench was hearing an application filed against the demolition of night shelters at Sarai Kale Khan without providing any alternate accommodation. The counsel for the DUSIB told the bench that the night shelters were demolished after making prior arrangements to move the inhabitants to other shelters in the neighbourhood. The applicants’ counsel Prashant Bhushan challenged this stand and stated that other shelters are becoming overcrowded.

The bench noted from the affidavit of the DUSIB that it has demolished eight more temporary shelters while the plea was pending. According to the affidavit, the DUSIB and the authorities have no plans to build new temporary shelters to replace those that have been demolished; rather, they argue that there is sufficient capacity in other permanent shelters.

In this context, the bench referred to the report submitted by the committee headed by former HC judge Justice Kailash Gambhir appointed by the Supreme Court. After detailed inspection of various night shelters (both permanent and temporary), the committee observed that the basic facilities such as sufficient lockers, lights, provisions for blankets and sheets, vector control, proper ventilation, provisions for first aid kits, mattress, bed, pillows, kitchen facilities and drinking water are lacking.

“In these circumstances, the reasons for the vacancy position in the permanent shelters homes is not far to see”, the bench stated in this regard.

Bhushan claimed during the court hearing that the authorities suddenly bulldoze the shelters and the residents run helter-skelter. When DUSIB stated that it is relocating people from demolished temporary shelters to other shelters, Justice Bhat noted that “ultimately, this is leading to the squeezing of people.”

The DUSIB stated that it has taken steps to improve the facilities in the shelters. The bench asked if there is constant monitoring of the situation.

“Are these monitored? Do you have a monitoring for this or you leave it to somebody?”, Justice Bhat asked. Following that, the bench added to the ruling a directive that the State Level Committee investigate all facilities in Delhi and provide a report. The Committee shall first inspect the nine permanent shelters before moving on to the others.

The DUSIB counsel stated that the authorities are conscious of their responsibilities and three meals and other facilities are provided to the occupants without fail.