New Delhi, Dec 3 (Bureau) The Supreme Court on Tuesday sought details from the Delhi Urban Shelter Improvement Board (DUSIB) on the facilities available for housing homeless persons in the National Capital because of the impending chilly winters. A bench comprising Justice B R Gavai and Justice K V Viswanathan was hearing a matter concerning the right to shelter of homeless persons in the urban areas. The apex court asked the DUSIB to give details about the number of persons who could be accommodated in shelter homes and an estimate of those requiring such facilities. A report was presented before the court pointing out that there isn’t enough capacity as 9 shelters were demolished which had the capacity of 286, but 450 people were living in them. Without permission from the court, authorities locked 5 more shelters. The DUSIB counsel said there were six temporary shelter homes that were destroyed due to floods in the River Yamuna in 2023 and since June 2023, nobody lived there.
He said the applicant should not have any objection if homeless people around that area were being shifted to a permanent shelter home at Geeta colony. Advocate Prashant Bhushan, appearing for one of the petitioners, said the apex court had passed several orders from time to time in the matter. Bhushan said that without alternate provision for the 9 shelters that were demolished, they want to shift the inhabitants of the 5 shelters…because they were infested with rats, etc. He said, “They say capacity of Geeta Colony shelter is 130. NALSA found occupancy is 46, but at night, occupancy has been found to be 115 or so. Justice Gavai asked, “ What is the total capacity of shelters in Delhi? Senior Advocate Devdutt Kamat appearing for respondents replied that about 17000 people can be accommodated. He further said, “I don’t understand what is the objection to people being shifted to a permanent shelter?” On each floor (4 in number), we can give 100 beds. They can have a better chance. There may be inconvenience to them in coming there. Kamat further said, “ In the shelter, where we are suggesting shifting to, there are 4 floors. Some families already living there. 2 floors can accommodate about 200 people. Health and hygiene is better. Area is more.
Bhushan said, “ Director, DUSIB-PK Jha said we will give you money for running these shelters only if you remove these people. He said to the people we will hunt you like dogs. He has been charge-sheeted. He supervised the demolition of 9 shelters,” Bhushan alleged. Bhushan further said, “ Another legal officer arrested by CBI on the basis of same complaint…bribe was demanded by them. Justice Gavai asked, “ Where is Jha’s name in FIR? Bhushan said, “ It is not in FIR, but in complaint. Justice Gavai said, “ This is not proper of you, Mr Bhushan. Without verifying document, you can’t say this…this can amount to character assassination. This seriously affects someone’s reputation. In the verification, there is no mention of his name, Justice Gavai said. Justice Gavai (to Kamat), “You give us the details as to the facilities, how many people can be housed.” Justice Viswanathan added, “ Also, what you propose to do immediately? The Bench then directed the DUSIB to file an affidavit pointing out the details stating whether facilities available with DUSIB for accommodating persons without shelter, the Number of persons who could be accommodated in such facilities and what is the estimated number of persons requiring such facilities. The Court asked DUSIB to furnish if there is any deficit, then number of persons requiring such facilities and how DUSIB proposes to deal with it. Bhushan said, “They may also indicate where the people who lived in the 9 demolished shelters have been accommodated. Kamat replied, he will seek instructions. Bhushan said, “ Shelters were full despite being in dilapidated condition.
That is the condition. The Court directed that the Affidavit shall also indicate where persons living in temporary shelters have been accommodated. Kamat said, “ This is not adversarial. To say nobody should come from Yamuna Bazar in the meantime.” Justice Gavai asked Bhushan, “ Why should they not shift? Bhushan replied, “ There is no capacity there. Hardly any space for 450+250 people. He said the Shelter should be near where the people work. They are poor, migrant people. Kamat said, “We are saying let them come to Gita Colony…at least let these 200 people from Yamuna Bazar (who have nothing). Another counsel (for the petitioner) told the Court that various agencies are looking after these shelters, but they are not being paid wages. The Union of India may be asked to revive the scheme…every year, orders used to be passed for a winter plan. Counsel said that the problem was not limited to Delhi. Several homeless people die due to cold. The lawyer said not even a single death was reported owing to cold conditions in Delhi during last winter. Justice Viswanathan said, “After the scheme lapsed, there must be some alternate scheme. Counsel said that there is no scheme yet. Justice Gavai said, “ We will ask the Attorney General to assist. The Court re-listed the matter on December 17.