Supreme Court orders NALSA to inspect Delhi Homeless Shelters, says reports must reflect ground reality, not formality

The Supreme Court directed the National Legal Services Authority (NALSA) to conduct an inspection and submit a report on the adequacy and quality of alternative sites proposed for relocating temporary night shelters at Delhi’s Anand Vihar and Sarai Kale Khan. The Court underscored that the State must ensure sufficient facilities for the urban homeless and clarified that inspections must reflect the ground reality, not a mere formality.

The issue arose during the hearing of a PIL concerning shelter homes for the urban homeless across the country. The Union submitted that temporary shelters situated in Anand Vihar and Sarai Kale Khan required relocation since they obstructed ongoing Metro development works. The Court was informed that construction had presently come to a halt.

Appearing for the petitioners, Advocate Prashant Bhushan objected to the proposed closures. He highlighted that in the past, as many as 15 shelters were demolished without lawful relocation of residents. At present, the eight shelters facing closure house more than 1,000 persons.

On behalf of the Union, ASG Aishwarya Bhati submitted that the relocation was necessitated by Metro expansion projects, and that alternative arrangements were being considered.

Bhushan, however, cautioned that during earlier inspections, NALSA officers visited the shelters in daytime hours when most residents were away at work, thereby failing to reflect the actual occupancy at night.

Taking note of these concerns, the bench comprising CJI BR Gavai and Justice NV Anjaria and Justice Alok Aradhe directed NALSA to conduct a detailed inspection, but only after 8 PM to capture the true living conditions.

The Court ordered, “We direct the Director of NALSA to appoint an officer who shall examine and submit a report on: (i) the number of persons residing in the shelters, (ii) whether the proposed alternative site can adequately accommodate them, and (iii) the facilities available at the site. The report shall be filed within two weeks".

The matter ties back to earlier directions of the Court. In October 2022, all States and Union Territories were required to file status reports on shelter facilities. Later, several States, including Delhi, were asked to furnish winter preparedness plans. Despite these directions, petitioners argue that shelter availability in Delhi remains grossly inadequate.

It was pointed out that while Delhi’s capacity stands at around 17,000 beds, the actual need exceeds two lakh. Since 2022, multiple shelters have been demolished or closed, displacing nearly 700 homeless persons. Petitioners also pressed for revival of the National Urban Livelihoods Mission (2013), which lapsed in 2018, to ensure financial support for shelter management.

Adjourning the matter, the Court sought the assistance of the Attorney General and called upon NALSA to submit a report within two weeks, ensuring that relocation plans for shelters at Anand Vihar and Sarai Kale Khan are not only adequate in capacity but also humane in quality.