New Delhi: Taking the Government to task on the issue of urban homeless, the Supreme Court Friday said that people without shelter cannot be "left to fend for themselves" as there were "grand plans" which were not implemented. Noting that housing is a basic need for everyone especially in view of the approaching winter, the apex court slammed 12 states and union territories for not notifying the names of civil societies members in their committees to take care of the needs of the urban homeless, while slapping fines on them ranging from Rs 1 lakh to Rs 5 lakh.
It observed that the submissions given on behalf of the Ministry of Housing and Urban Affairs on the issue depicted a "sorry state of affairs" as these states and the UTs had not yet notified the names, despite the court's order to this effect on March 22. A Bench of Justices Madan B Lokur and Deepak Gupta slapped a cost of Rs 1 lakh each on nine states and UTs of Chandigarh, Himachal Pradesh, Jharkhand, Manipur, Goa, Mizoram, Meghalaya, Odisha and Tripura, while a cost of Rs 5 lakh was imposed on Haryana.
The Bench, however, did not impose costs on Kerala and Uttarakhand, considering the "peculiar circumstances" in these two states due to the natural disasters there. "We make it clear that unless necessary steps are taken by the states/ UTs, we have no option but to impose heavy costs, particularly since winters are coming and persons without shelter cannot be left to fend for themselves," the Bench said.
"Housing is a basic need for everybody. When there is a policy of the Union of India, it has to be implemented by all," the apex court said and directed these states and UTs to deposit the cost within three weeks to the Supreme Court Legal Services Authority. It directed these states and UTs to issue notification in this regard within two weeks.
On the issue of inaction by states and UTs on notifying the names of civil society members in the committees, the Bench asked Additional Solicitor General (ASG) A N S Nadkarni, "Why are they not doing it?" The Bench observed that the winter season is approaching and if necessary steps are not taken by the states and UTs, the homeless people would have to suffer a lot.
"These people (officials) do not want to work. What is to be done," the Bench asked and added "You (the Centre) come out with grand plans but nobody implements them". It said, "We require all the states and UTs to formulate a plan of action, if not already done, on or before October 31, 2018. The plan of action will include identification of homeless persons, providing them with some identification, nature of shelter required etc."
Advocate Prashant Bhushan, appearing for one of the petitioners, told the Bench that Government officials who were part of the committee were not attending the meetings of the panels in some states and in Rajasthan even the principal secretary had not attended the meeting.