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NON-REPORTABLE

THE SUPREME COURT OF INDIA

CIVIL ORIGINAL JURISDICTION

WRIT PETITION (CIVIL) No. 55 of 2003  

E. R. KUMAR & ANR

.... Petitioner(s) Versus

UNION OF INDIA & ORS         ….Respondent(s)

With

WRIT PETITION (CIVIL) No. 572 of 2003  

DEEPAN BORA .... Petitioner(s)

Versus

UNION OF INDIA                ….Respondent(s)

O R D E R  

L. NAGESWARA RAO, J.

These two Writ Petitions concern the right to shelter of

homeless  persons  in  urban  areas.   These  Writ  Petitions

were filed in the year 2003 but no effective orders could be

passed till 2014 as all the States did not file their responses

and status reports.    

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2. On 04.09.2014,  Mr.  Prashant  Bhushan,  Counsel  for

the Petitioners in Writ Petition No.572 of 2003, placed the

“Scheme of  Shelters  for  Urban Homeless”,  issued  by  the

Government  of  India,  Ministry  of  Housing  and  Urban

Poverty  Alleviation  before  this  Court.   The  said  Scheme

refers to the National  Urban Livelihoods Mission (NULM).

The  NULM  was  launched  on  24.09.2013  to  reduce  the

poverty  and  vulnerability  of  urban  poor  households  by

enabling them to access gainful self-employment and skilled

wage  employment  opportunities  through  building  strong

grassroots level institutions for the poor which would result

in  an  appreciable  improvement  in  their  livelihoods  on  a

sustainable  basis.   The  NULM  Mission  Document  also

states  that  providing  shelters  equipped  with  essential

services to the urban homeless in a phased manner is a top

priority.   The  location  and  design  of  shelters  and  the

funding  pattern  of  the  Scheme  of  Shelters  for  Urban

Homeless is discussed in detail in the Mission Document.

The Operational Guidelines for the Scheme of Shelters for

Urban  Homeless  were  issued  in  December,  2013  by  the

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Ministry of  Housing and Urban Poverty Alleviation.  These

guidelines  provide  the  details  of  the  norms and types  of

shelters and the facilities to be provided at the shelters.   As

per the Scheme, Government of  India would fund 75 per

cent  of  the  cost  of  construction  of  the  shelters  and  the

remaining  25  per  cent  would  be  contributed  by  the

States/UTs.  In case of Special Category States, the Central

Government would fund 90 per cent and the States would

bear the remaining 10 per cent.  The Urban Local Bodies

were given the responsibility of monitoring and evaluation of

the Scheme.   3. The  States/UTs  were  directed  to  file  affidavits

regarding the status of implementation of the Scheme by an

Order of this Court dated 04.09.2014.   If the States did not

fully implement the Scheme, they were directed to state the

time frame during which they would do so.  While directing

the Ministry of  Housing and Urban Poverty  Alleviation to

explore the ways and means of providing temporary shelters

to  the  needy  persons,  this  Court  by  an  Order  dated

13.11.2014  also  directed  the  Government  of  India  to

enquire from the Chief Secretaries or the Administrators of

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each State/UT about the status of  implementation of  the

Scheme.   On 12.12.2014,  a  direction was issued by this

Court for a meeting of the Executive Committee to be held

on or before 31.12.2014 to prepare a report of the activities

of  the Mission.   The Chief  Secretaries  of  the States were

directed to constitute the Executive Committees in terms of

the NULM Mission Document on or before 31.12.2014.  A

further  direction  was  issued  to  review  the  existing

temporary  and  permanent  shelters  to  ensure  that  all

facilities are available in those shelters. In those States/UTs

where the number of shelters was inadequate, steps were

directed to be taken to provide at least temporary shelters

forthwith.   

4. When these matters  were listed on 13.02.2015,  this

Court  was  informed  that  Executive  Committees  were

constituted in 27 States/UTs for the purpose of permanent

shelters  in  790  towns/cities.   The  learned  Additional

Solicitor General representing the Union of India submitted

that monitoring of the permanent housing structures would

be done on a regular basis by calling for Monthly Progress

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Reports from the States/UTs in terms of the Scheme.   The

Union of India was directed to submit a status report before

the next date fixed for hearing i.e. 24.04.2015.    

5. On 24.04.2015, an affidavit was handed over in Court

on behalf of the Union of India.  This Court examined the

said affidavit and the final status report relied upon in the

affidavit filed earlier on 20.02.2015.  It was stated by the

Union of India that an amount of around Rs.1,000 crores

was  made  available  to  the  States/UTs  as  on  31.01.2015

under the NULM.  This Court referred to the non-utilization

of  funds  by  the  States  of  Maharashtra,  Uttar  Pradesh,

Assam and Kerala. This Court observed that there was no

monitoring  or  evaluation  of  the  progress  of  work  and

utilization of the huge amount of money that was released

to the State Governments.   The Ministry was directed to file

an affidavit giving an account of the expenditure incurred

and also the audit that was conducted for the funds that

were released.   

6. These Writ Petitions were listed on 07.08.2015 when it

was made clear that their scope was only with reference to

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shelters  for  urban homeless.   The Union of  India sought

time  to  file  details  of  the  implementation  of  the  Scheme

along with the relevant documents.   

7. Thereafter, the matter was again listed on 30.10.2015.

It was submitted by the Union of India that there are seven

components in NULM and the amount of  Rs.1,000 crores

released  to  the  States/UTs  as  on  31.01.2015  was  not

exclusively for providing shelters.  The Union of India was

directed to file an affidavit indicating the amount of money

allocated by the State Governments and Union Territories

for providing shelters.  It was recorded in the order dated

30.10.2015 that only 75 shelters were completed out of the

proposed 440 and that 19 States/UTs have not sanctioned

any proposals for urban homeless shelters.   As this Court

was  not  satisfied  with  the  progress  that  was  made,  an

affidavit was also directed to be filed with regard to funding

of  the  State  Level  and  City  Level  Committees  and

particulars of the progress made in setting up shelters in a

tabular form.   

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8. After examining the matter again on 04.12.2015, this

Court  was  not  satisfied  with  the  steps  taken  for

implementation  of  the  Scheme  of  Shelters  for  Urban

Homeless.  The Secretary, Ministry of Urban Development,

Government of India was directed to be present in Court to

explain  as  to  why  the  progress  regarding  the

implementation of Scheme was tardy.  This Court wanted to

know why regular meetings of the Governing Council and

the Executive Council were not being held.  The particulars

of  the  expenditure  incurred  in  respect  of  the  Scheme  of

Shelters for Urban Homeless was also sought.   

9. The  Writ  Petitions  were  listed  again  for  hearing  on

08.03.2016.  The Union of India relied upon an additional

affidavit  filed pursuant to the Order dated 04.12.2015 in

which details of the amount sanctioned/spent for setting up

of homeless shelters in different States were given.  It was

also claimed by Union of India that the Scheme was being

effectively implemented.  The veracity of the said statement

was disputed by the Petitioners.  This Court directed the

Member  Secretary,  National  Legal  Services  Authority

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(NALSA) to verify the correctness of the claim of Union of

India regarding the actual implementation of the Scheme.

NALSA was directed to take the assistance of the State Legal

Services Authorities and to submit a report to this Court

within 8 weeks.  The State Legal Services Authorities were

directed to coordinate with the concerned departments in

the States for identification and verification of the progress

made regarding the shelters.

10. The  report  submitted  by  NALSA  has  been  placed

before  us.   It  is  stated  in  the  report  that  on  a  physical

verification, the State Legal Services Authorities found that

some  shelters  are  being  run  by  the  State  Governments,

Municipal  Corporations  and  other  agencies.   In  some

States, shelter homes are being run in rented premises as

the construction of the shelter homes is not completed.  The

particulars of  the number of  sanctioned  shelters  in  each

State have been given.  The number of urban shelters that

were constructed and operational is also mentioned in the

report.   A  perusal  of  the  statement  provided  by  NALSA

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would show that the facility of shelter homes in the majority

of States is insufficient.   

11. It was stated in the affidavit filed by the Union of India

on 04.01.2016 that the actual implementation of the NULM

is done by the State Governments through the State Urban

Livelihood Missions at the State level and by the concerned

Urban Local Bodies at the City Level.  It was further stated

that  the funds for  the operation and management  of  the

shelters were released to the Urban Local Bodies after the

construction  was  completed  and  that  for  an  effective

monitoring  of  the  Scheme,  committees  have  been

constituted at the National/State Levels.  It was also stated

that funds were released to the States only after submission

of  audit  report  and  utilization  certificates  for  the  funds

released earlier in accordance with guidelines laid down in

General Financial Rules, 2005.  According to the Union of

India, funds were released only after the audit reports and

utilization  certificates  were  examined  by  the  internal

financial division of the Ministry in each case.  Periodical

review of the progress made for providing shelters is being

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made  by  the  Ministry.   It  was  also  stated  in  the  said

affidavit  dated  04.01.2016  that  only  653  shelters  were

sanctioned  by  the  States/UTs  out  of  total  1340  shelters

planned under NULM.  Steady progress was reported by the

States/UTs  regarding  the  sanction  of  projects  under  the

Scheme as per the said affidavit.   

12. Annexure-A filed along with the said affidavit  shows

that an amount of Rs. 2185.50 crores was made available to

the States/UTs and the total expenditure reported by the

States is Rs. 1222.90 crores.  The NALSA report does not

provide a clear picture of the progress made in the matter of

providing shelters in the States/UTs.  The report is based

on the information provided by the States to the State Legal

Services Authorities.  The details of the amounts allocated

by the  State  Governments  for  providing  shelters  and the

actual amount spent for the shelters is also not apparent

from  the  report.   What  is  clear,  however,  is  that  the

laudable objective with which the National Urban Livelihood

Mission and the Scheme for Shelters for Urban Homeless

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were  introduced  is  not  achieved  due  to  ineffective

implementation.   

13. In  spite  of  several  directions  issued  by  us,  the

infrastructure for the shelter homes has not been achieved.

Union of India has been constantly claiming steady progress

but the NALSA report suggests to the contrary.  Providing

the requisite infrastructure is only the first step.  Thereafter

the  other  facilities  have  to  be  provided  and  proper

maintenance of the shelter homes has to be ensured.  The

mission of NULM remains a distant dream even after the

lapse of a long period.   

14. A  careful  consideration  of  the  submissions  of  the

parties  and  the  material  on  record  discloses  that  the

destitute in urban areas continue to suffer without shelters.

The Union of India has formulated a Scheme and released

huge  amounts  of  money  to  the  State  Governments.  The

State Governments are responsible for the implementation

of the Scheme.  The reasons for non utilization of funds for

the welfare scheme are not forthcoming.  

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15. In  spite  of  the  availability  of  funds  and  a  clear

mechanism through  which  to  disburse  them,  we  see  an

extremely unsatisfactory state of affairs on the ground. This

is  despite  our  continuous  monitoring  of  the  matter.  Yet

another winter approaches and enough has not been done

for protection of many homeless in our towns/cities. For the

aforementioned reasons, we direct as follows:

(i) A  Committee  is  constituted  which  will  have  Mr.

Justice Kailash Gambhir, retired Judge, High Court

of Delhi as its Chairman with an officer of the Joint

Secretary  cadre  from  the  Ministry  of  Housing  &

Urban  Poverty  Alleviation  to  be  deputed  by  the

Union  of  India  and an officer,  serving  or  retired,

from the Delhi Judicial Service to be nominated by

the  Chief  Justice  of  the  High  Court  of  Delhi  in

consultation  with  the  Chairperson  of  the

Committee as Members.  The last mentioned shall

be the Member Secretary of the Committee.  (ii) The  Ministry  of  Housing  and  Urban  Poverty

Alleviation shall be the Nodal Ministry to provide all

logistical support to the Committee.  (iii) The Chairman of the Committee shall be entitled to

all  such emoluments/perquisites  and facilities  as

are admissible to any retired Judge, when holding a

post retirement assignment like Chairperson of the

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State  Consumer  Commissions  except  residential

accommodation.  The Committee may not require

any regular office space but should there be any

such requirement it may take up the matter with

the relevant authority.    (iv) The Committee shall cause physical verification of

the available shelters for urban homeless in each

State/UT. (v) The  Committee  shall  also  verify  whether  the

shelters  are  in  compliance  of  the  operational

guidelines  for  the  Scheme  of  Shelters  for  Urban

Homeless  under  the  National  Urban  Livelihoods

Mission (NULM).  (vi) The Committee shall  inquire  into  the reasons for

the slow progress in the setting up of shelter homes

by the States/UTs. (vii) The  Committee  shall  further  inquire  about  the

non-utilization  and/or  diversion/misutilization  of

the  funds  allocated  for  the  Scheme for  providing

shelters to the urban homeless.  (viii) The  Committee  shall  issue  suitable

recommendations  to  the  State  Governments  to

ensure  that  at  least  temporary  shelters  are

provided  for  the  homeless  in  the  urban areas  to

protect them during the winter season.  The State

Governments  shall  ensure  compliance  with  the

recommendations  along  the  time  frame  indicated

by the Committee.  Any non implementation shall

be drawn to the attention of this Court.  

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(ix) The  Committee  is  directed  to  submit  its  report

within a period of four months.  

List these Writ Petitions after four months.                           

 ...…...........................CJI                    [T. S. THAKUR]

      ........................................J [Dr. D. Y. CHANDRACHUD]

                 ……................................J                                                   [L. NAGESWARA RAO]

New Delhi, November 11, 2016

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