The Supreme Court has directed NALSA to inspect and report on the closure of shelters at Anand Vihar and Sarai Kale Khan due to Delhi Metro work. Over 1,000 homeless people may be displaced, raising concerns about relocation and basic facilities.
New Delhi: On Aug 29, the Supreme Court on Friday asked the National Legal Services Authority (NALSA) to carry out an inspection and submit a detailed report regarding the relocation of urban homeless shelters in the national capital, which are being affected due to construction work by the Delhi Metro Rail Corporation (DMRC).
The matter was being heard in connection with a public interest litigation (PIL) filed way back in 2003 by E. R. Kumar, who had raised concerns about the closure of several night shelters in Delhi.
These shelters at Anand Vihar and Sarai Kale Khan are being shut down because of the Delhi Metro expansion project.
A bench led by Chief Justice B. R. Gavai, along with Justices N. V. Anjaria and Alok Aradhe, took note of the submissions made by advocate Prashant Bhushan, appearing for the petitioner.
Bhushan strongly argued that the move would displace hundreds of poor and vulnerable people who rely on these shelters for basic survival.
According to Bhushan, six shelters had already been closed in the past, and now the authorities were planning to shut down eight more shelters at Anand Vihar and Sarai Kale Khan, which currently provide shelter to more than 1,000 homeless individuals.
The Delhi Urban Shelter Improvement Board (DUSIB) has granted permission for shifting these shelters to other locations to make way for metro-related construction work. Alternative sites have been identified for relocation, but serious questions remain about whether they have adequate capacity and facilities.
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The bench then issued clear directions to NALSA. The Chief Justice stated:
“We direct the director of NALSA to appoint an officer of NALSA who shall examine the issue and submit a report (1) the number of people residing in the shelter homes …(2) whether the alternative site has capacity to accommodate the people; (3) facilities available at the site.”
The court ordered NALSA to file its inspection report within two weeks. Importantly, the bench also made it clear that the inspection must not be carried out during daytime but after nightfall, considering the heavy rush of people at night.
The Chief Justice said the inspection should be done “after 8 pm,” agreeing with Bhushan’s submission that the number of occupants increases significantly after dark.
During the proceedings, Bhushan also referred to official data already available with DUSIB, which reflected the actual occupancy in these shelters. However, the Chief Justice stressed that the court would rely only on an independent verification.
The CJI observed:
“Why should we disbelieve our officer? We are asking him to go himself on the site.”
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He further clarified that the scope of the matter was limited for now, adding:
“only considering the issue of whether the relocation be permitted or not.”
The case highlights the ongoing tension between infrastructure development and the rights of the urban homeless in Delhi.
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