Delhi HC Orders Emergency Shelters for Homeless Amid Severe Cold Wave

The court underscored that failure to provide adequate night shelter during the severe cold wave strikes at the core of the fundamental right to life and dignity and cannot be justified on grounds of administrative constraints or lack of resources .

A division bench headed by Chief Justice Devendra Kumar Upadhyaya, with Justice Tejas Karia, ordered the Delhi Urban Shelter Improvement Board (DUSIB) to forthwith take over subways located around major hospitals and convert them into temporary night shelters with beds and basic facilities.

The bench further directed that tents or pandals be erected in available open spaces near hospitals to accommodate patients and their attendants, making it clear that all land-owning agencies, municipal corporations, hospitals, the Delhi Police and the Delhi Metro Rail Corporation must extend full cooperation, failing which strict action could follow against responsible officials.

The court recorded submissions highlighting serious gaps between official claims and on-ground realities, including lack of beds, overcrowding, inadequate facilities and unsafe conditions at shelter homes.

It noted that photographs and site inspection notes placed on record painted a grim picture, contrary to assurances given by authorities. Stressing that people visiting government hospitals do so under compulsion and not by choice, the bench held that the State and its instrumentalities cannot "shirk away" from their constitutional obligations in such circumstances.

During the hearing, senior advocate Avi Singh appeared for the applicant/intervenor and assisted the court on issues relating to the implementation of the winter action plan and deficiencies in shelter facilities.

The Union of India was represented by Additional Solicitor General Chetan Sharma, while Central Government Standing Counsel Ashish Dixit, who personally inspected several shelter sites, placed a detailed note and suggestions before the bench. Sameer Vashisht, standing counsel for the GNCTD, and Manu Chaturvedi, standing counsel for the MCD, along with other counsel representing AIIMS, NDMC, DUSIB, DJB and hospital authorities, were also heard.

To ensure swift execution, the High Court directed that a high-level meeting be convened at 10 a.m. on Thursday under the chairmanship of the Principal District Judge (South District), with senior decision-making officers from all concerned agencies in attendance.

A short-term action plan is to be finalised and implemented immediately, and a compliance report placed before the court on the next date of hearing, January 16, when the matter will be listed high on the board.

- ANI