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2010 DIGILAW 1295 (SC)

PEOPLE'S UNION FOR CIVIL LIBERTIES (NIGHT SHELTER MATTERS) v. UNION OF INDIA

2010-11-15

DALVEER BHANDARI, DEEPAK VERMA

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ORDER Chhattisgarh 1. Mr Colin Gonsalves, learned Senior Counsel appearing on behalf of the petitioner submits that according to the norms, 7 night shelters are required in the city of Raipur, 6 night shelters in the city of Bhilai in the State of Chhattisgarh. The learned counsel for the State of Chhattisgarh prays for a short adjournment to place latest information on record. Let an affidavit be filed within one week with an advance copy thereof to the learned Senior Counsel for the petitioner. Gujarat . 2. We have seen the affidavit filed by the Chief Secretary to the Government of Gujarat on 26-8-2010. The affidavit is totally unsatisfactory. As per the norms, in urban areas where the population is more than 5 lakhs, one night shelter should be provided for a population of 1 lakh poor people. We would like the Chief Secretary to file a further affidavit within one week and to ensure compliance with all our previous orders. Jammu and Kashmir 3. Let an affidavit be filed by the Chief Secretary to the Government of Jammu and Kashmir, within one week stating therein as to how many night shelters have been constructed in the State of Jammu and Kashmir. Jharkhand, Karnataka and Kerala 4. The learned counsel appearing for the respective States submit that pursuant to the orders of' this Court, some night shelters have been constructed and they pray for a short adjournment to give the up-to-date position. Let an affidavit be filed by the respective Chief Secretaries of these States on or before next Monday, 22-11-2010. Madhya Pradesh 5. The learned counsel for the State of Madhya Pradesh has filed an affidavit of the Commissioner, Department of Food, Civil Supplies and Consumer Protection, Government of Madhya Pradesh, in which it is indicated that the State has constructed 28 night shelters in cities having a population of more than 1 lakh and 29 night shelters are to be constructed in cities having a population of more than 1 lakh and in this manner, 57 night shelters would be constructed in cities having a population of more than I lakh. It is further stated in the affidavit that 37 night shelters are existing in cities having a population of less than 1 lakh and, thus, at present, a total of 65 night shelters are working. It is further stated in the affidavit that 37 night shelters are existing in cities having a population of less than 1 lakh and, thus, at present, a total of 65 night shelters are working. Apart from this, 29 night shelters will be constructed and after their construction, the total number of night shelters in the State would be 94. 6. It is further stated in the affidavit that in these night shelters, facilities of electricity, water, toilets and bathroom for men and women are provided and there is a provision for drinking water and proper arrangement would be made during winter for protecting the poor people without shelter froin the cold in the night and with the funds of local bodies, blankets would also be arranged for the persons staying in these shelters. It is further mentoned in the affidavit that instructions have already been issued for proper security and health of the persons staying in these night shelters. Maharashtra 7. We have perused the affidavit filed by Mr J.P. Dange, Chief Secretary, Government of Maharashtra. We are not satisfied with the affidavit. The problem of night shelter has not been properly addressed in this affidavit. We direct the Chief Secretary to file a fresh affidavit on or before Monday, 22-11-2010. Meghalaya 8. We direct the Chief Secretary to file an affidavit on or before Monday, 22-11-2010, indicating therein as to whether the night shelters already constructed in the State of Meghalaya have become operational or not. Orissa 9. An affidavit has been filed by Mr Sanjib Kumar Mishra, Joint Secretary to the Government of Orissa but there is no mention about providing night shelters. We direct the Chief Secretary to file a fresh affidavit on or before Monday, 22-11-2010 indicating therein as to how many night shelters have been constructed and how many of them have become operational. Rajasthan 10. The Chief Secretary to the Government of Rajasthan has filed an affidavit in which it is mentioned that there are 184 municipalities in the State of Rajasthan and all the municipalities are running night shelters as per the State Government's directions and there are total 240 night shelters in the State. Rajasthan 10. The Chief Secretary to the Government of Rajasthan has filed an affidavit in which it is mentioned that there are 184 municipalities in the State of Rajasthan and all the municipalities are running night shelters as per the State Government's directions and there are total 240 night shelters in the State. It is further mentioned therein that according to the guidelines, apart from providing night shelters during winter, they are also providing day shelters in summer season because the temperature soars up to 50 degrees Celsius in some places and there is provision for providing clean and potable water and other infrastructure facilities. Tamil Nadu 11. An affidavit has been filed by the Chief Secretary to the Government of Tamil Nadu, in which it is indicated that there are 148 municipalities and 10 municipal corporation in the State of Tamil Nadu. It is proposed to establish one night shelter in every municipality depending upon the requirement. In pursuance to the order of this Court, it is proposed to open 10 night shelters in the Municipal Corporation of Chennai, Coimbatore, Madurai, Tiruchirapalli and Erode. All these shelters will be made operational by 31-12-2010. It is also mentioned in the affidavit that arrangement for beds, medical facility and clinical check-up would also be provided in these night shelters. Uttar Pradesh 12. The State of U .P. has filed an affidavit in which it is mentioned t . at constructions of night shelters are in progress in Lucknow, Agra, Allahabad, Kanpur and Varanasi and amounts have been. sanctioned by the State Government. There are other schemes also which have been initiated by the State which have also provided respite to the poor people. It is further mentioned in the affidavit that schemes have been introduced for the weaker section of the society, destitute, widows and handicapped and under that scheme, 1,10,000 houses are expected to be constructed shortly. It is also mentioned that 99,336 houses have been constructed and possession of 86,769 houses have already been given. 13. It is submitted by Mr Gonsalves, learned Senior Counsel for the petitioner that what has been provided by the State is inadequate because the requirement in different cities of V.P. is as follows: Agra 14 Allahabad 11 Kanpur 28 Lucknow 23 Meerut 12 Varanasi 12 Aligarh 7 Bareilly 8 Ghaziabad 10 Gorakhpur 7 Moradabad 7 14. 13. It is submitted by Mr Gonsalves, learned Senior Counsel for the petitioner that what has been provided by the State is inadequate because the requirement in different cities of V.P. is as follows: Agra 14 Allahabad 11 Kanpur 28 Lucknow 23 Meerut 12 Varanasi 12 Aligarh 7 Bareilly 8 Ghaziabad 10 Gorakhpur 7 Moradabad 7 14. We direct the State of V.P. to file a status report furnishing therein whether adequate number of night shelters have been provided. Let this be filed on or before Monday, 22-11-2010. Uttarakhand 15. The learned counsel for the State of Uttarakhand prays for a short adjournment to file a proper affidavit stating whether the night shelters have been provided as per the norms or not. Let the affidavit be filed on or before Monday, 22-11-2010. West Bengal 16. An affidavit has been filed by the Chief Secretary to the Government of West Bengal in which it is mentioned that some steps have been taken to identify the locations for night shelters. It is also mentioned in the affidavit that the State Government has taken up the project of constructing 1,40,000 houses for the urban poor and as per the scheme 35,000 houses have been constructed and 30,000 will be constructed by the end of this year. This programme will contribute to sheltering homeless people in a big way. 17. According to Mr Gonsalves, learned Senior Counsel for the petitioner, night shelters have not been provided according to the norms. The learned counsel for the State prays for a short adjournment to file an affidavit indicating the up-to-date position. Let the affidavit be filed by Monday, 22-11-2010. Delhi 18. The Chief Secretary to the Government of NCT of Delhi has filed an affidavit in which it is mentioned that 64 permanent shelters have already been constructed and are presently operational. In the affidavit it is further stated that out of exigency and emergent requirement during the peak months of winter, the Revenue Department of the Government of NCT of Delhi has erected temporary shelters to supplement the demand every year and during last winter, 24 temporary shelters were set up to meet the requirement. It is further mentioned in the affidavit that the Government of NCT of Delhi will continue to provide this supplementary assistance in accordance with the requirement. It is further mentioned in the affidavit that the Government of NCT of Delhi will continue to provide this supplementary assistance in accordance with the requirement. It is further mentioned that Delhi Development Authority has been asked to allot land for establishing more night shelters for the homeless people. It is also mentioned that the Government of NCT of Delhi has initiated a new scheme "Jan Ahaar Yojana" as a pilot project for providing low cost nutritious food at Rs 15 per head to the vulnerable sections of the society through NGOs. 19. We place on record our appreciation for the States of Delhi, Madhya Pradesh, Tamil Nadu, Rajasthan and Uttar Pradesh for dealing with the human problem in its proper perspective. List this matter for further directions on 24-11-2010 at 2.00 p.m. Court Masters