New Delhi: The Supreme Court on Wednesday posted for hearing on February 22 the application challenging the demolition of night shelter for homeless in Sarai Kale Khan area of Delhi by the Delhi Development Authority (DDA). The court said that it can't grant a stay now that demolition has already happened but can hear on demolition aspect.
"Unfortunately nothing can be done now if it is already demolished. We will deal with their rehabilitation. The urgency element is gone," said the court. The application challenging the demolition was mentioned for urgent hearing by Advocate Prashant Bhushan today before the bench led by the Chief Justice of India, DY Chandrachud, who had asked him to mention it before Justice Hrishikesh Roy led bench.
"Last evening, demolition of the night shelter was ordered in Sarai Kale Khan. Demolitions were preponed and since they knew that we will mention the case, they are doing it now. Please see the pictures. We need immediate orders," said Advocate Bhushan.
Later on, after being directed to go to Justice Hrishikesh Roy led bench, Advocate Bhushan mentioned it there but since the demolition already happened, Justice Roy said that they will hear the matter at a later date now on the aspect of rehabilitation.
Prashant Bhushan, in his application, has contended that demolition of shelter for homeless for beautification of the city and dream projects is "gross violation of the right to life of the homeless". He has stated that there were around 50 homes for which funds had to be paid in order to maintain them but since it was not paid, shelters were in a pathetic condition. Moreover, the petitioner contends, that poor maintenance is no ground for demolition of shelters.
Petitioner submitted that the court should discourage such practices and no coercive action should be used against the homeless. The application has sought directions to the state to place on record its policy for resettlement or relocation prior to demolition or removal of any shelter for the homeless and in case no such policy exists, the application has prayed to the court to direct framing of policy in a time bound manner.
DDA is demolishing the shelters based on two grounds. One, that the place has become subject to crime and hide out for history sheeters and second, that DDA is constructing a Bamboo garden "Banseera" in the area of shelter homes. The area is selected for G-20 summit meetings.
