RAKHEE SHARMA Vs. STATE OF M P

JUDGEMENT

(1.) This writ petition by way of Public Interest Litigation has been filed by the petitioner, under Article 226 of the Indian Constitution against mismanagement and irregularities in vogue in the Night Shelter Homes, managed by the Municipal Corporation Gwalior/respondent No.5 and the Red Cross Society Gwalior in Gwalior town claiming with following reliefs :-

(2.) The petitioner, who is a well-educated and belongs to well-established family of Gwalior City, came a cross through a news item from daily newspapers that there are night shelter homes established by the Municipal Corporation, Gwalior. Some of them are running under the supervision of the Corporation whereas some of them are being managed by the 'Red Cross Society' Gwalior and hence there are prevailing mismanagement and irregularities in the working system. The petitioner greatly pained to read such a thing that the caretakers of the homes virtually failed to follow their duties and provide adequate shelter to the homeless/roofless persons. Consequently, those poor downtrodden persons are compelled to live restless in severe cold nights in an open sky, resulting some of them suffer from diseases and dies without proper shelter in severe cold session. It is further mentioned that some of the night shelter homes are let out or otherwise are made available for marriage or other purposes to the effective persons. Therefore, with a request for directions to the State authorities and the local authorities for maintaining and proper running Shelter Homes as per directives of Hon. Apex Court in People s Union for Civil Liberties (Night Shelter Matters) Vs. Union of India,2012 11 SCC 422, and the guidelines contained in Homeless Shelter Manual, the present petition is sought to be allowed.

(3.) Respondent No. 5-Municipal Corporation, Gwalior has filed reply to the petition and also made available the necessary informations regarding the Shelter Homes established for homeless in various public places, pointing out about their maintenance. It is submitted that the Shelter Homes are running on various eight public places by the Municipal Corporation and at present most of the Shelter Homes are managed by the staff of the Corporation. Now, the Municipal Corporation passed the resolution in Council that for betterment of the Shelter Homes for homeless people of the city and other people who use to visit the city and do not get roof for their stay should be run by the Red Cross Society for which financial aid as per provisions in budget shall be provided to the Red Cross society. It is submitted that at present all Shelter Homes have sufficient furnitures and other necessary facilities are also being provided to the persons getting shelter therein. These Shelter Homes are also managed by the efficient staffs under supervision of the officers of the Corporation. Learned counsel contends that the basic object and purpose of these Shelter Homes are not to provide place for permanent stay but to provide temporary suitable stay facility to the visitors who use to come in the City for specific purpose and are not capable to afford for their stay in the town. It is further pointed out that these shelter homes are providing all necessary facilities required for winter session as well as summer session to such persons. Most of the shelter homes are working near Railway Station, Bus stands and near reputed hospitals where a large number of visitors come forward for a specific purpose and take temporary stay in shelter homes. Therefore, it is prayed on behalf of the respondent No.5/Corporation for dismissal of the petition.