2010 INSC 1288
People's Union For Civil Liberties
v.
Union Of India & Others
(Supreme Court Of India)
HON'BLE MR. JUSTICE DALVEER BHANDARI HON'BLE MR. JUSTICE DEEPAK
VERMA
People's Union For Civil Liberties v. Union Of India & Others
Interlocutory Application No. 94 & 96 In W.P.(C) No. 196 Of 2001 | 16-12-2010

1. Last year, a number of deaths of homeless people were reported in the Capital City of
Delhi because of bitter cold weather. On Court's urgent directions, number of shelters were
constructed. This year also, winter is quite intense.

2. It has been brought to our notice that two night shelters located at Nehru Place and Kalkaji,
Delhi were erected on vacant land belonging to the Delhi Development Authority (`DDA').
Those two night shelters have been demolished only three days ago by the DDA.

3. This indeed is a matter of great anguish, disappointment and astonishment. How could the
concerned authority be so insensitive, impervious and callous to demolish night shelters when
the bitter cold winter has already set in? In case, proper night shelters are not provided to the
homeless and they are compelled to Jive under the open sky, particularly in places where
intense winter has set in, similar unfortunate deaths of homeless people are bound to occur.

4. This is a matter of great anxiety and concern. It is the bounden duty of the Union of lndia
and the State Governments to ensure at all costs that no death takes place because of lack of
night shelters or basic facilities.

5. To preserve and save the lives of the people of this country has to be given top priority by
the State. No laxity or lapse on this count can be countenanced.

6. On a consideration of the totality of the facts and circumstances of this case, we deem it
appropriate to give following directions:

(i) The DDA is directed to re-erect two night shelters which were demolished from Nehru
Place and Kalkaji, as expeditiously as possible, in any event, within three days from today.
Until then, the homeless people may be accommodated in some other homes or night,

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shelters. An affidavit of compliance be filed by the Vice-Chairman of the DDA himself
within a week.

The DDA is further directed to hold an inquiry and take appropriate action against the
officers who were responsible for demolishing the two night shelters.

(ii) We direct the Union of India and all the State Governments and their instrumentalities not
to demolish any night shelter without providing proper alternate night shelter till further
orders.

(iii) All the concerned Chief Secretaries of the States and the Administrators of the Union
Territories would issue necessary instructions to the concerned authorities within thee days.
All the concerned instrumentalities of the States and agencies are directed to cooperate and
coordinate with each other to ensure that no life is lost in the absence of a night shelter or
basic facilities. Thisorderhastobe complied with in letter and spirit.

7. Learned Additional Solicitor General submits that all the 64 permanent shelters in Delhi
will become operational within a week from today and thereafter there will be a joint
inspection by the officials of the Delhi Government and the representatives of the petitioner
organisation and a report shall be submitted to this Court within ten days.

8. Let this matter be listed as a first item on the reopening i.e. 3rd January, 2011.
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People's Union For Civil Liberties v. Union Of India & Others

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