The Supreme Court announced on February 15 that it will now review the matter of rehabilitation in light of the fact that the Delhi Urban Shelter Improvement Board (DUSIB) ordered the demolition of the night shelters at Sarai Kale Khan, Delhi. 

Following the start of demolitions, Advocate Prashant Bhushan quickly brought up the application before Chief Justice of India DY Chandrachud on Wednesday morning. 

The petition is scheduled to be heard by a bench that includes Justices Ravindra Bhat and Dipankar Datta, according to CJI DY Chandrachud. Since Justice Bhat was not present, according to Advocate Bhushan, he was required to bring the issue before the CJI immediately. He stated:

"What has happened is last evening they ordered demolition. Demolition is happening at Sarai Kale without providing any rehabilitation. Demolition was to start after 10.30 and they got the wind of the fact that we were mentioning it now so they started it. It's happening right now. I can show you pictures."

The night shelter had already been destroyed when the case was heard by Justice Roy and Justice Datta bench. Justice Roy took into account this and stated that nothing can be done at this time due to the lack of urgency in the situation. Justice Datta hastened to add, however, that the Court will now address the issue of rehabilitation. 

The application asks for a delay in the destruction of Delhi's night shelter 235, which is located in Sarai Kale Khan. More than 50 city residents who are homeless are housed at the shelter, according to the application. According to the application, there were no other plans made for the relocation of the shelter's inmates when the request to remove the night shelter was made. The DDA is building a bamboo garden called Baansera in the Yamuna floodplain area at Sarai Kale Khan, and the shelter home is situated at the entrance of the said project. This has led to the recommendation for the removal of the shelter because it has become a target for crime and a hiding place for history sheeters. The application claims that a law and order issue cannot be used as justification for the removal of the shelter, which is close to the train station where most homeless people find employment. Additionally, it indicates that the shelter was built in accordance with regulations for the development of shelters for urban homeless people. It adds—

"The Delhi police has stated that there is garbage and food thrown around the shelter leading to various diseases. The poor staffing, sanitation, and maintenance of the shelter cannot be ground for removal of shelter that houses homeless residents."

Case Title: Deepan Bora and others vs Union of India
Citation: WP(c)  572/2003