"Apposite To Interest & Rights Of Devotees": Delhi HC Directs Authorities To Ensure Implementation Of Orders To Remove Illegal Encroachers In Kalkaji Temple

The Delhi High Court has directed the authorities including South Delhi Municipal Corporation, Delhi Development Authority and Delhi Police to ensure that it's orders are implemented in order to remove all illegal encroachers within the Kalkaji Temple premises, as per the deadlines given.

Justice Pratibha M Singh also observed that the dharamshalas within the temple were not meant to be occupied permanently by shopkeepers or their families who have been running shops or kiosks in it's premises. Calling the situation completely apposite to the interest and rights of the devotees who visit the temple, the Court said:

"A careful balance needs to be struck between the rights of encroachers, residing within a Mandir premises, and using the spaces for commercial interests, like the Petitioners on the one hand and the rights of the lakhs of devotees who visit the Mandir."

The Court was dealing with a petition filed by three persons, who were staying in the Dharamshalas inside the temple premises, seeking directions on DUSIB to rehabilitate them prior to eviction or demolition of such Dharmshalas.

The Court had earlier directed that such persons shall vacate their residences along with their families on or before 25th December, 2021. It however added that the families asked to move their residences, may contact the official of DUSIB for allotment of night shelter.

It was thus submitted on behalf of the petitioners that they ought to be given alternate accommodation and not to be evicted from their residences, especially since they were large families with children.

On the other hand, DUSIB submitted that only one telephone call was made on behalf of the Petitioners to the Deputy Director, Night Shelters, for the purposes of making some enquiry. However, no attempts were been made to obtain the same.

"The Petitioners herein have been unauthorizedly occupying the premises in the Mandir and have also been, through their families, unauthorizedly running commercial shops/kiosks within the Mandir premises for many years now, and a comparison of their situation with the situation of poor jhuggi jhopri dwellers is not a fair comparison," the Court noted.

The Court while dismissing the plea said that the petitioners were free to contact either the Administrator or DUSIB for allotment of alternate accommodation.

"It is further made clear that irrespective of the said request being made or not, the deadline for vacating the Mandir premises does not deserve to be extended and the same shall expire on 25th December 2021 itself," the Court said.

Previously, the Court had slew of directions regarding the administration and maintenance of the temple as also for resolution of disputes pertaining to the bari rights between baridaars to ensure smooth functioning of the temple.

It had expressed concerns over the "dismal" maintenance of the temple and had also asked the local commissioner to ascertain the collections/donations made to the Temple and check whether CCTV cameras installed inside its premises are operational.

It was reiterated that the reports submitted by previous Receivers and local commissioner showed that the cleanliness and maintenance of the temple complex was not satisfactory.

The Court had sought a report on the the creation of shops as well as the basic civic amenities available for devotees inside the temple premises. It directed the Court appointed architect to submit a comprehensive report after a meeting with administrator.

It had appointed a local commissioner for paying surprise visits in the Temple in respect of ascertaining conduct of 'puja sewa', collection of offerings being put in donation boxes and also other issues regarding cleanliness, hygiene and facilities for devotees.

Case Title: SARASWATI & ORS v. UNION OF INDIA & ORS.

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