Dismissed

Court on Its Own Motion v. State of Haryana

Punjab & Haryana HC11 Sept 2012CWP/10375/2012

Case brief

AI extract

What is this about?

The court reviewed a suo moto petition regarding poor living conditions in shelter homes. Finding that the Municipal Corporation had taken adequate measures, including notice issuance and managing shelters via an NGO, the court held the petition infructuous. It directed the Commissioner to ensure proper care and supervision.

What did the court decide?

The writ petition is disposed of as infructuous. The Commissioner, Municipal Corporation, Gurgaon is directed to provide proper care and supervision of the Shelter Home.

Court on Its Own Motion Vs Sta… — Constitutional and Fundamental Rights | Punjab & Haryana HC (2012)

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In the High Court of Punjab and Haryana, at Chandigarh

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Civil Writ Petition No. 10375 of 2012

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Date of Decision: 11.9.2012

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Court on its own motion

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... Petitioner

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Versus

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State of Haryana and Another

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... Respondent

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CORAM: Hon'ble Mr. Justice Jasbir Singh, Acting Chief Justice. Hon'ble Mr. Justice Rakesh Kumar Jain.

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Present: Ms. Divya Sharma, Advocate.

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Mr. B.S. Rana, Additional Advocate General, Haryana, for the respondent-State.

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Mr. Narender Hooda, Senior Advocate with Mr. Ashwani Kumar Bura, Advocate for the respondent-Municipal Corporation, Gurgaon.

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Jasbir Singh, Acting Chief Justice (Oral)

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Taking suo moto note of a letter indicating towards poor living conditions in a Shelter Home at Gurgaon, notice of motion was issued to the State of Haryana.

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Pursuant to the issuance of notice of motion, reply has been filed on behalf of Municipal Corporation, Gurgaon, by way of an affidavit of Anju Chaudhary, Joint Commissioner, Municipal Corporation, Gurgaon, wherein it is stated that proper meal is being provided to those residing in the Shelter Home and a contract to supply food has been given to one Legend Caterers. It is further stated that 75 bedding including mattresses, bed sheets, pillows and blankets have been provided in the Shelter Home. It is also stated that proper kitchen, two

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Civil Writ Petition No. 10375 of 2012

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toilets, bathroom etc. also exist in the Shelter Home. Paragraph No.9 of the above affidavit reads thus:-

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“9. That in the reply to Para No.9 of the petition, it is submitted that some ailing persons were kept in the night shelters on humanitarian grounds and first of all the first aid was given to them and later on they were shifted to General Hospital, Gurgaon by Ambulance. Public notice was also got published in the newspaper on behalf of Municipal Corporation, Gurgaon in January 2012 to send homeless and needy persons to stay in the night shelters. The banners, posters, hordings, pamphlets, stickers were made available at different public places to make publicity regarding night shelters. The Commissioner, Municipal Corporation, Gurgaon also wrote a letter to all the Councillors of Municipal Corporation, Gurgaon, Residents Welfare Associations, Gurgaon and all Industrial Associations to send/guide the homeless people found roaming in their locality to avail the facility provided by the Municipal Corporation, Gurgaon in night shelters free of cost.

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It is pertinent to mention here that the Commissioner, Municipal Corporation, Gurgaon got published a public notice in the newspaper in English and Hindi in the month of August 2011 showing willingness to hire a four dormitory accommodation having 3000 sq. feet covered area to accommodate at least 100 persons at each site preferably near Railway Station, General Bus Stand, Gurgaon, HSIIDC, Udyog Vihar (near Dhundahera and Sirhol, Sector-18 Badshahpur, Industrial Area Sector-29 Metro Station for running night shelters for homeless and need persons. But no response came forth in this regard.

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The Executive Engineers of the Municipal Corporation Gurgaon were asked by the Commissioner,

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Civil Writ Petition No. 10375 of 2012

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Municipal Corporation, Gurgaon to identify the land/site for the construction of the night shelter or suitable Dharamshala, Chaupal and other Govt/private building where the night shelter could be run preferably in the vicinity of Railway Station, General Bus Stand, Gurgaon, Udyog Vihar, Sector18, Sector-29 Metro Station etc. A copy was also endorsed to the Deputy Commissioner, Gurgaon vide which he was informed that various buildings institutional and Schools in HUDA as well as colonizers area are lying vacant/unused which can be used for night shelter temporarily. The Deputy Commissioner, Gurgaon was also requested to ask the Administrator HUDA, Senior Town Planner and DEO Gurgaon for taking necessary action in this regard. The copy of the letter was also endorsed to all the Joint Commissioners, Municipal Corporation, Gurgaon.

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Smr. Rashmi Bhushan, Advocate in Gurgaon Courts was deputed by the District and Sessions Judge, Gurgaon for inspecting both the night shelters at Bhim Nagar and Kanhai on 21.2.2012. She visited the Bhim Nagar night Shelter after 9.00 P.M. along with representative of NGO Urja Samiti and made entry in the gate register regarding her inspection and she was satisfied with the arrangements with some suggestions.

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It is also mentioned that both the night shelters are being managed by NGO namely Urja Samiti (Regd) for providing services and a memorandum of understanding has been executed between the Municipal Corporation and Urja Samiti (Regd.).

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That as per record the following persons stayed in both the night shelters from Jan 2011 to Aug. 2012.

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Month	Numbe	r ofpersons sta	yed
	Bhim Nagar	Kanhai	Total
January2011	50	0	50

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Civil Writ Petition No. 10375 of 2012

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Month	Numbe	r ofpersons st	ayed
December 201	67	0	67
January2012	777	431	1208
February2012	1695	79	1774
March 2012	1008	22	1030
April 2012	895	28	923
May2012	967	37	1004
June 2012	688	0	688
July2012	1039	0	1039
August 2012	1374	0	1374

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In view of the steps taken by the Corporation for proper management of the Shelter Home, this writ petition has become infructuous and the same is disposed of as such. However, the Commissioner, Municipal Corporation, Gurgaon, is directed to provide proper care and supervision so far as the Shelter Home is concerned.

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(Jasbir Singh) Acting Chief Justice

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(Rakesh Kumar Jain) Judge

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September 11, 2012 “DK”

Court on Its Own Motion v. State of Haryana

Case brief

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Court on Its Own Motion v. State of Haryana

Case brief

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