SC Directs NALSA to Inspect Closure of Delhi’s Urban Homeless Shelters for Metro Construction

The Supreme Court on Friday directed the National Legal Services Authority (NALSA) to carry out an inspection and submit a report on the relocation of urban homeless shelters in the national capital, which are being closed due to Delhi Metro Rail Corporation (DMRC) construction work.

A bench comprising Chief Justice of India B.R. Gavai and Justices N.V. Anjaria and Alok Aradhe was hearing a 2003 PIL filed by advocate E.R. Kumar concerning the closure of shelter homes at Anand Vihar and Sarai Kale Khan.

Appearing for the petitioner, senior advocate Prashant Bhushan argued that several hundred people would be left without a roof due to the closure of eight shelters. He pointed out that while six shelters had already been shut down earlier, authorities now planned to close down another eight, which currently accommodate over 1,000 homeless individuals.

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The Delhi Urban Shelter Improvement Board (DUSIB) has allowed the shifting of these shelters to alternative sites identified for relocation, citing the ongoing DMRC construction.

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Ordering an independent verification, the CJI directed NALSA to appoint an officer to examine:

  1. The number of people currently residing in the shelter homes.
  2. Whether the alternative sites have the capacity to accommodate them.
  3. The facilities available at those sites.

The bench clarified that the inspection must be conducted after 8 pm to reflect the actual occupancy, as Bhushan highlighted that the number of residents significantly increases at night.

“We are only considering the issue of whether relocation should be permitted or not,” the CJI said, stressing that the court would rely on NALSA’s independent findings.

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The top court asked NALSA to file its report within two weeks. It noted that while DUSIB data was available, an on-ground verification was necessary to ensure that the rights and dignity of the homeless are protected during the relocation.

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