Indian Express 07.01.2010
MCD draws High Court flak for demolishing night shelter
The Delhi High Court on Wednesday pulled up the Municipal Corporation of Delhi (MCD) for demolishing a night shelter as part of a beautification drive ahead of the Commonwealth Games, saying it was the civic body’s responsibility to protect people.
“How can you demolish the night shelter without having any regard for people taking shelter there? Under the law (the MCD Act), it is your obligation to provide night shelter to the homeless in the Capital,” a Bench headed by Chief Justice A P Shah said.
Infuriated by the failure of the MCD counsel to place before the Bench the specific order directing the demolition, Justice Shah said: “Have you thought of people who suffered due to the demolition? It is your obligatory duty to protect them. This is what social justice under the Act states.”
MCD counsel Sanjeev Sabharwal, however, defended the move saying no prior notice was required to remove encroachment under the legal provisions. He claimed the dwellers, removed from the shelter on December 22, 2009, were given alternate accommodation on January 1.
The court has now directed the MCD to place before it the order under which the night shelter on Pusa Road was demolished.
