New Delhi, August 29, 2025 

The Supreme Court on Friday directed the National Legal Services Authority (NALSA) to submit a detailed inspection report on the condition, capacity, and adequacy of two temporary shelter homes for the urban homeless located at Anand Vihar and Sarai Kale Khan in Delhi, which the State authorities propose to relocate due to Metro construction projects.

 

A Bench comprising Chief Justice of India BR Gavai and Justices NV Anjaria and Alok Aradhe was hearing a long-pending public interest litigation (PIL) on the rights of the homeless and the need for adequate shelter facilities across the country.

 

The Union Government’s counsel informed the Court that the existing temporary shelters were obstructing the ongoing Metro development. ASG Aishwarya Bhati, appearing for the Union, submitted that relocation was necessary, although the Metro work was presently halted.

 

Appearing for the petitioners, Advocate Prashant Bhushan opposed the move, pointing out that in the past 15 shelters were illegally demolished without any relocation plan, leaving hundreds of homeless persons displaced. He added that the 8 shelters now targeted for closure currently house more than 1,000 residents, many of whom depend on them for survival.

 

Taking note of these concerns, the Court passed a detailed order instructing NALSA to appoint an officer for ground inspection. The order specified that the officer must examine:

1. The number of residents currently staying in the shelters.

2. Whether the proposed relocation sites can adequately accommodate these residents.

3. The quality and availability of facilities (sanitation, safety, food, water, medical support, etc.) at the proposed sites.

 

The Court further emphasized that the inspection should be carried out only after 8 PM, as most shelter residents work during the day and return only at night. The report must be submitted within two weeks.

 

This issue traces back to October 2022, when the Court had directed all States and Union Territories to file status reports on shelter facilities. In December 2023, Prashant Bhushan argued that while Delhi requires shelter capacity for at least 2 lakh homeless persons, the actual capacity is only 17,000. He highlighted that since the Court’s orders, 9 shelters were demolished (displacing around 450 people), and 5 more closed due to claims of “dilapidation,” further displacing another 250 residents.

 

Earlier hearings also revealed gaps in funding and management, as multiple agencies operate shelters but often go unpaid. The Court had suggested that the Union Government revive the 2013 National Urban Livelihoods Mission (NULM), which lapsed in 2018, or introduce a new scheme. It also observed that corporates could be engaged under CSR obligations to support shelter infrastructure.

 

Advocates stressed that the problem extends beyond Delhi, with urban homeless populations across several states facing eviction and inadequate facilities. The Court had earlier called for DUSIB’s affidavit (Delhi Urban Shelter Improvement Board) on existing capacity and proposed measures to fill gaps.

 

The matter will now be revisited after NALSA files its inspection report.