Supreme Court - Daily Orders
E.R. Kumar vs Union Of India on 22 March, 2018
Bench: Madan B. Lokur, Kurian Joseph, Deepak Gupta
ITEM NO.1 COURT NO.4 SECTION PIL-W
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Writ Petition(s)(Civil) No(s). 55/2003
E.R. KUMAR & ANR. Petitioner(s)
VERSUS
UNION OF INDIA & ORS. Respondent(s)
(FOR IMPLEADMENT)
WITH
W.P.(C) No. 572/2003 (PIL-W)
(FOR INTERIM DIRECTIONS)
Date : 22-03-2018 These matters were called on for hearing today.
CORAM : HON'BLE MR. JUSTICE MADAN B. LOKUR
HON'BLE MR. JUSTICE KURIAN JOSEPH
HON'BLE MR. JUSTICE DEEPAK GUPTA
For Petitioner(s) Mr. E.R. Kumar, Petitioner-in-person
Ms. Lakshmi, Adv.
Ms. Raveena Rai, Adv.
Ms. Aishwarya Dash, Adv.
Ms. Amita Joseph, Adv.
Mr. Colin Gonsalves, Sr. Adv.
Mr. Aditya Srivastva, Adv.
Mr. Satya Mitra, Adv.
Mr. Prashant Bhushan, AOR
Ms. Amita Joseph, Adv.
Mr. Aditya Shrivastav, Adv.
For Respondent(s)
Union of India Mr. A.N.S. Nadkarni, ASG
Ms. V. Mohana, Sr. Adv.
Mr. Kailash Vasudev, Adv.
Ms. Sunita Sharma, Adv.
Ms. Rashmi Malhotra, Adv.
Ms. Sunita Rani Singh, Adv.
Mr. R.R. Rajesh, Adv.
Ms. Rukhmini Bobde, Adv.
Mr. B.V. Balaramdas, Adv.
Signature Not Verified
Mr. M.K. Maroria, Adv.
Digitally signed by
MEENAKSHI KOHLI
Date: 2018.03.27
Mr. Raj Bahadur, Adv.
18:40:46 IST
Reason:
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For States of
Andhra Pradesh Mr. Guntur Prabhakar, Adv.
Ms. Prerna Singh, Adv.
Arunachal Pradesh Mr. Anil Shrivastav, AOR
Mr. Rituraj Biswas, Adv.
Assam Mr. Shuvodeep Roy, Adv.
Bihar Mr. M. Shoeb Alam, Adv.
Ms. Fauzia Shakil, Adv.
Mr. Ujjwal Singh, Adv.
Mr. Mojahid Karim Khan, Adv.
Chhattisgarh Mr. Aniruddh P. Mayee, Adv.
Mr. Avnish M. Oza, Adv.
Mr. Chirag Jain, Adv.
Mr. A. Selvin Raja, Adv.
Gujarat Ms. Hemantika Wahi, AOR
Ms. Jesal Wahi, Adv.
Ms. Shodhika Sharma, Adv.
Haryana Mr. Dinesh Chander Yadav, AAG
Mr. Anil Grover, AAG
Mr. Satish Kumar, Adv.
Mr. Noopur Singhal, Adv.
Mr. Sanjay Kumar Visen, Adv.
Mr. Aman Deep Kaur, Adv.
H.P. Mr. V.K. Sharma, Adv.
J&K Mr. M. Shoeb Alam, Adv.
Jharkhand Mr. Tapesh Kumar Singh, AOR
Mohd. Waquas, Adv.
Mr. Aditya Pratap Singh, Adv.
Mr. Jayesh Gaurav, Adv.
Mr. Gopal Prasad, Adv.
Karnataka Mr. V.N. Raghupathy, AOR
Mr. Parikshit P. Angadi, Adv.
Mr. Prakash Jadhav, Adv.
Kerala Mr. Nishe Rajen Shonker, Adv.
Ms. Anu K. Joy, Adv.
Mr. Alim Anvar, Adv.
Mr. Reegan S. Bec, Adv.
Madhya Pradesh Mr. Arjun Garg, Adv.
Mr. Manish Yadav, Adv.
Mr. Aakash Nandodia, Adv.
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Mr. Rohit Chandra, Adv.
Maharashtra Mr. Kunal Cheema, Adv.
Mr. Nishant R. Katneshwarkar, Adv.
Manipur Mr. Leishangthem Roshmani Kh., Adv.
Ms. Maibam Babina, Adv.
Meghalaya Mr. Ranjan Mukherjee, Adv.
Mr. S. Bhowmick, Adv.
Mr. S.C. Ghosh, Adv.
Mr. Daniel Stone Lyngdoh, Adv.
Mizoram Mr. P.V. Yogeswaran, Adv.
Nagaland Mrs. K. Enatoli Sema, Adv.
Mr. Edward Belho, Adv.
Mr. Amit Kumar Singh, Adv.
Mr. K. Luikang Michael, Adv.
Mr. Z.H. Isaac Haiding, Adv.
Odisha Mr. Shibashish Mishra, Adv.
Punjab Ms. Uttara Babbar, Adv.
Ms. Akanksha Choudhary, Adv.
Ms. Bhavana Duhoon, Adv.
Rajasthan Mr. S.S. Shamshery, Adv.
Mr. Amit Sharma, Adv.
Mr. Ankit Raj, Adv.
Ms. Indira Bhakar, Adv.
Ms. Ruchi Kohli, Adv.
Sikkim Ms. Aruna Mathur, Adv.
Mr. Avneesh Arputham, Adv.
Ms. Anuradha Arputham, Adv.
Ms. Simran Jeet, Adv.
for M/s Arputham Aruna & Co.
Tamil Nadu Mr. B. Vinodh Kanna, Adv.
Mr. A. Sriram, Adv.
Tripura Mr. Gopal Singh, Adv.
Mr. Rituraj Biswas, Adv.
Uttar Pradesh Ms. Aishwarya Bhati, AAG.
Mr. Rajeev Kumar Dubey, Adv.
Mr. Kamlendra Mishra, Adv.
West Bengal Mr. Chanchal Kr. Ganguli, AOR
Mr. Piyush Sachdev, Adv.
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Mr. Raja Chatterjee, Adv.
Uttarakhand Mr. Jatinder Kumar Bhatia, AOR
Mr. Ashutosh K. Sharma, Adv.
A&N Islands Mr. Bhupesh Narula, Adv.
Mr. K.V. Jagdishvaran, Adv.
Mrs. G. Indira, AOR
Puducherry Mr. V.G. Pragasam, Adv.
Mr. S. Prabu Ramasubramanian, Adv.
Mr. S. Manuraj, Adv.
Mr. Rajvinder Singh, Adv.
Mr. Hitesh Kumar Sharma, Adv.
Mr. T.V. Talwar, Adv.
Mr. P. Venkat Reddy, Adv.
Mr. Prashant Tyagi, Adv.
For M/s Venkat Palwai Law Ass.
Mr. Adarsh Upadhyay, AOR
Mr. Aruneshwar Gupta, AOR
Mr. Sunil Fernandes, AOR
Ms. Kaveeta Wadia, AOR
Ms. Pragati Neekhra, AOR
Ms. A. Subhashini, Adv.
Mr. Avijit Bhattacharjee, AOR
Mr. Binay Kumar Tiwari, Adv.
Mr. Hitesh Kumar Sharma, Adv.
Mr. Dipak Namdhari, Adv.
Mr. B. S. Banthia, AOR
UPON hearing the counsel the Court made the following
O R D E R
Subsequent to our order dated 10.01.2018, we are glad to note that there is agreement between the petitioners and the Union of India with regard to setting up of the Committees as proposed by the Union of India in its affidavit of 12.12.2017.
4In an affidavit filed today by Mr. Y.S. Awana, Deputy Secretary to the Government of India, Ministry of Housing and Urban Affairs, a list has been furnished as Annexure A-6 giving the nomination for the State Level Committee for monitoring progress of Shelters for Urban Homeless as informed by the State / Union Territory and as suggested by the petitioner.
We are glad to note that the petitioner in person, learned counsel for the petitioners and the learned ASG appearing on behalf of the Union of India are agreeable to all the names mentioned in Annexure A6. Accordingly, the State Level Committee, as agreed to, by all the parties is as follows:-
5ANNEXURE-VI NOMINATION FOR THE STATE LEVEL COMMITTEE FOR MONITORING PROGRESS OF SUH AS INFORMED BY STATE/UT GOVT. AND AS SUGGESTED BY PETITIONER Sl. Name of the Chairman Member Person from Civil society Names of social workers No State/UT as suggested by Petitioner
1. Andhra Shri J.C. Sharma, Principal Secretary (MA&UD) Dr. C.L. Venkat Rao, Executive Irfan Babu Pradesh I.A.S. (Retd) Vice-Chairman, Swachh Andhara Corporation
2. Assam Shri Bhaskar Barua, Principal Secretary to the Dr. Manoranjan Das, Retired Mr. Mukul Chandra IAS (Retd.), Former Govt. of Assam, Urban Principal, BHB College, Goswami Secretary, M/o Development Department Sarupeta, Dist- Barpeta, Lifetime Agriculture, Govt. of member of Asom Sahitya Sabha, India Asom Satra Mahasabha & Assam Science Society, Ex MLA.
3. Arunachal State has informed Mr. Sunil Mow Pradesh that there is no urban homeless persons.
Hence Committee is not required
4. A&N Islands Not received Not received Not received Not Suggested
5. Bihar Shri Girish Shankar, Principal Secretary, Urban Ms. Dorothi Fernandez, Social Tarique Mohd.
I.A.S. (Retd.) Development and Housing Worker Department
6. Chandigarh Ms. Kiran Aggarwal, Secretary, Local Government, Major Gen. (Retd.) M.S. Kandal , Dr. (Ms.) Areet Singh (UT) I.A.S. (Retd.), UT Social Worker Retired as Adviser in the Planning Commission
7. Chhattisgarh Shri Suyogya Kumar Secretary, Urban Dr. Sandeep Sharma, Samarpit Gautam Bahdyopadhyay Mishra, Chief Administration and Sansthan, Bilaspur Secretary (Retd.), Development Department Chhattisgarh
8. Delhi Officer who has 1. Principal Secretary A member from Civil Society Indu Prakash Singh 6 retired from GNCTD (UD), Govt. of NCT of who is sensitive to the issues of at the level Delhi homeless person equivalent to 2. Chief Executive Secretary to Govt. of Officer, Delhi Urban India Shelter Improvement Board
3. Mission Director, State Urban Livelihood Mission (SULM)
9. Goa Chief Secretary 1. Secretary (UD) Mr. Maverick Fernandes, Amit Narkar (Serving) 2. Director, Institute of Director, Caritas, Goa Public Assistance
3. Mission Director DAY-NULM
10. Gujarat Shri P.K. Taneja, IAS Principal Secretary to Govt. of Shri Gunwantbhai Delawala, Dr. Bhushan Punani (Retd.) Additional Gujarat, Urban Development President, Sargam Club, Jagnath Chief Secretary to the & Urban Housing Deptt. Mandir Chowk, Yagnik Road, Govt. of Gujarat Rajkot- 360001
11. Haryana Shri Dharamvir, IAS Principal Secretary to Govt. of Shri D.R. Sharma, General Mashkoor Alam (Retd.) Ex- Chief Haryana, Urban Local Bodies Secretary, Indian Red Cross Secretary, Haryana Department, Haryana Society, Haryana State Branch
12. Himachal Shri P.C. Dhiman, Add. Chief Secretary (UD), Representative of Civil Society Nisha Singh Pradesh Addl. Chief Secretary Govt. of Himachal Pradesh (to be notified later) (Retd.), Govt. of Himachal Pradesh
13. Jammu & Not received Not received Not received Shafia Nashqbandi Kashmir
14. Jharkhand Shri A.K. Pandey, Principal Secretary, Urban Shri Tripurari Sharma, Civil Sharad Kumari I.A.S. (Retd.) Development and Housing Society Department
15. Karnataka Dr. Subhash Chandra Secretary, Urban Development Shri Gopinath R., Managing Narasimhappa TV Khuntia, Chief Department, Government of Trustee, Murfi Town, BBMP, Secretary (Retd.) to Karnataka East Zone.
7Government of Karnataka
16. Kerala Not received Not received Not received Magilynn Yohannan
17. Madhya Shri K. Shankar Principal Secretary (UD & Shri Ramesh Maheshwari, Sachin Kumar Jain Pradesh Narayan, Housing Deptt.), Madhya President, Swea Bharti, Aanand I.A.S. (Retd.) Pradesh Dham, Bhopal, Madhya Pradesh
18. Maharashtra Not received Not received Not received Mahesh Kamble
19. Manipur Not received Not received Not received Mr. Khumlo Sunny Anal
20. Meghalaya Not received Not received Not received Rev. Kyrsoibor Pyrtuh
21. Mizoram Shri R.L. Rinawma, Secretary to the Govt. of President, Mizoram, Hmeichhe President, Mizoram, Principal Secretary Mizoram, UD & PA Deptt. Insuihkhawm Pawl Hmeichhe Insuihkhawm (Retd.) UD & PA Pawl Deptt
22. Nagaland Smti. Banuo A. The Secretary, Urban Dr. Kepelhousie Terhuja, Ms. T.N. Keny Jamir, IAS (Retd.) Development Department, President, Angami Public Chief Secretary Govt. of Nagaland Organisation, Kohima
23. Odisha Sri J.D. Sharma, IFS Commissioner-cum- Secretary, Abharani Choudhury, Secretary, Biplab Mishra (Retd.) H&UD Deptt. Odisha Patita Udhar Samiti, Bhubaneswar
24. Puducherry Not received Not received Not received Ponnusamy Balasundaram
25. Punjab Shri S.C. Aggarwal, Principal Secretary, Govt. of Secretary, Indian Red Cross Jai Singh IAS (Retd.), Chief Punjab, Deptt. of local Society, Punjab Secretary, Government Government of Punjab
26. Rajasthan Mr. Rajendra Principal Secretary (Local Self Smt. Abha Mishra (Aajeevika Ashok Khandelwal Bhanawat IAS Govt. Dept.) Bureau- NGO) (Retd.)
27. Sikkim Mrs. R Ongmu, IAS, Secretary, Urban Development Dr. B.B. Rai, Executive Dr. B.B. Rai, Executive 8 (Retd.) Chief and Housing Deptt. Director, Voluntary Health Director, Voluntary Health Secretary, Govt. of Association of Sikkim, Tadong Association of Sikkim, Sikkim Tadong
28. Tamil Nadu Dr. N Sundaradevan, Principal Secretary to Ms. Vanessa Peter, Policy Ms. Vanessa Peter I.A.S. (Retd.) Government, Municipal Researcher, Information & Administration & Water Resource Centre for the Supply Department, Deprived Urban Communities Chennai-9 (IRCDUC), Chennai-31
29. Telangana Dr. Rajiv Sharma, Principal Secretary Shri Anjaneyulu Madduluri, Shri Anjaneyulu IAS, The Hon’ble (MA&UD), Govt. of Regional Manager, Action Aid Madduluri Chief Adviser, Govt. Telangana NGO of Telangana
30. Tripura Shri G.K. Rao Principal Secretary, UD Deptt. Mrs. B. Maitra, Secretary, Mrs. B. Maitra (Retd.), Ex- Chief Chetana, Agartala Secretary, Tripura
31. Uttrakhand Shri N. Ravishankar, Principal Secretary/Secretary, Dr. J. N. Kalhan, Vice Chairman, Prem Pancholi I.A.S (Retd.), former Urban Development Doon Shelter Society for the Chief Secretary, Department, Government of Homeless, Dehradun Uttrakhand Uttrakhand.
32. Uttar Shri Balvinder Chief Secretary, Urban Shri Vinod Kumar Yadav, Sandeep Khare Pradesh Kumar, I.A.S. (Retd.) Development and Urban Progressive Foundation Employment and Poverty Alleviation Deptt. Govt of Uttar Pradesh
33. West Bengal Shri Sutirtha Secretary, Urban Development Authorized representative of Anuradha Talwar Bhattacharya, I.A.S. & Municipal Affairs Deptt. Ramkrishna Mission (Retd.) Govt. of West Bengal 9 There are 8 States / Union Territories that have not yet made any suggestion for constitution of the State Level Committee. We make it clear that where no name has been given in Annexure A6, the name should be supplied by their State Government / UT Administration within two weeks from today.
However, this will not preclude the Committees set up by today's order from carrying out their functions with immediate effect so that urban homeless can be provided some shelter.
Housing is a basic need for all.
Since the Committees have been set up at the instance of the Central Government, for the benefit of the State Government / UT Administration, the State Government will ensure that all facilities are made available to the Members of the Committee in accordance with the DDU NULM scheme; including transportation etc. Learned counsel for the petitioner has handed over in Court suggested guidelines and the role of the State Level Monitoring Committee for urban homeless shelters. Learned ASG may have a look into it.
List the matter on 19.04.2018.
(MEENAKSHI KOHLI) (KAILASH CHANDER)
COURT MASTER COURT MASTER
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