Taking suo motu cognisance of the plight of homeless persons and patients’ Taking strong note of the humanitarian crisis unfolding during the ongoing severe cold wave, the Delhi High Court has issued sweeping short-term and long-term directions to ensure immediate shelter for homeless persons, particularly patients and their attendants outside major government hospitals in the national capital. A Division Bench headed by Chief Justice Devendra Kumar Upadhyaya underscored that denial of adequate shelter amounts to a violation of fundamental rights and warned that state agencies cannot shirk responsibility on grounds of lack of funds or infrastructure.
The Court appreciated the efforts of Additional Solicitor General Chetan Sharma and Central Government Standing Counsel Ashish Dixit, who personally visited night shelters and hospital-adjacent areas and submitted a detailed note along with photographs. The Bench recorded that during these site visits, several patients and their kith and kin reported an acute and urgent need for shelter facilities, a reality starkly reflected in the photographs placed on record. The note also outlined practical suggestions to mitigate the hardships faced by homeless persons and those dependent on night shelters.
Observing a glaring disconnect between official claims and ground realities, the Court held that the situation warranted immediate judicial intervention. Accordingly, it directed the Delhi Urban Shelter Improvement Board (DUSIB) to temporarily take over subways around hospitals from the same evening and make adequate arrangements for beds and basic facilities. DUSIB was further ordered to identify available spaces near hospitals and erect temporary tents, pandals or similar structures to provide emergency shelter to as many patients and attendants as possible.
The Bench made it clear that all land-owning agencies, hospitals, municipal corporations, Delhi Development Authority, Delhi Police and the Delhi Metro Rail Corporation must extend full cooperation to DUSIB. Any failure to do so, the Court cautioned, would invite serious consequences, including personal accountability of erring officials.
To ensure coordinated execution, the Court directed that a high-level meeting be convened at 10 a.m. the following day at the Saket Court complex under the chairmanship of the Principal District Judge (South). The meeting is to be attended by senior decision-making officers of NDMC, MCD, DMRC, AIIMS, DUSIB, DJB, BSES, DDA, Safdarjung Hospital, Lady Hardinge Medical College, RML Hospital, Vardhman Mahavir Medical College, Delhi Police and L&DO. The Court ordered that a short-term action plan be finalised in the meeting and implemented immediately, with the Principal District Judge having the final say in case of disagreements.
The Principal District Judge has been tasked with submitting a detailed report to the High Court through the Registrar General on the next date of hearing. The Court also called upon the intervenor and all participating authorities to submit comprehensive suggestions on long-term statutory and non-statutory mechanisms to prevent recurrence of such crises.
The matter has been listed for further monitoring on January 16, 2026, and placed high on board, signalling the Court’s intent to closely oversee compliance and systemic reform in addressing Delhi’s shelter infrastructure during extreme weather events.
Appearances:
For the Petitioner: Mr. Avi Singh, Sr. Adv. with Mr. Dhruv Malik, Mr. Kirti Raj, Mr. Rudraksh, Advs. with Mr. Sunil Kr. A. for Applicant in CM APPL. 2401/2026
For the Respondents: Mr. Chetan Sharma, ASG with Mr. Ashish Dixit, CGSC with Mr. Amit Gupta, Mr. Shubham Sharma, Mr. Naveen, Mr. Yashwardhan Sharma, Ms. Iqra Sheikh, Mr. Umar Hashmi, Ms. Namita, Advs. for R-1 to 3 Mr. Sameer Vashisht, S.C. (Civil), GNCTD
Mr. Anuj Chaturvedi and Ms. Richa Dhawan, Ms. Yashita Jain, Advs. with Mr. P. K. Jha (Pr. Director), Mr. V. S. Fonia (Chief Engineer), Mr. Pranav Siroha (LA), Mr. Aakash Goswami (JE) for DUSIB
Mr. Anuj Chaturvedi, ASC for NDMC
Mr. Ripu Daman Bhardwaj, L&DO/UOI
Mr. Manu Chaturvedi, SC and Ms. Beenashaw N. Soni, SC with Ms. Katyani Malhotra, Adv. for MCD
Mr. Amit Tiwari, CGSC with Mr. Varun Pratap Singh, GP for Safdarjung Hospital, Lady Harding Hospital and RML Hospital
Mr. Satya Ranjan Swain, Panel Counsel for AIIMS with Mr. Kautilya Birat, Mr. A. Kapoor, Mr. Vishwadeep, Advs. for AIIMSz
Mr. Tushar Sannu, Adv. for DJB
