"Interests Of Deity And Devotees Are Paramount": Delhi HC Issues Directions Regarding Administration, Maintenance Of Kalkaji Temple And Bari Rights

Observing that the interests of deity and devotees are paramount, the Delhi High Court on Monday issued slew of directions regarding the administration and maintenance of Kalkaji Temple as also for resolution of disputes pertaining to the bari rights between baridaars to ensure smooth functioning of the temple.

Observing that there is a need to streamline the manner in which offerings and donations are made in the temple by the devotees, Justice Pratibha M Singh said:

"The Court cannot turn a blind eye to the situation on ground, which appears to be a result of the multifarious disputes between the baridaars and the litigations filed, in respect thereof, before various Courts."

"Owing to encroachments, unauthorised constructions, lack of unity amongst the baridaars, the callous conduct of the civic agencies and the police, there is no doubt that the Mandir and the complex surrounding the same could lead to untoward incidents."

The Court appointed Retired Justice JR Midha as the Administrator of the Kalkaji Temple after observing thus:

"The mandate of the Administrator shall be to take all necessary steps inter alia, as set out herein below, in the interest of devotees, pilgrims, baridaars, in order to ensure their safety and security, as also to preserve the integrity and sanctity of the deity and the Mandir, which is of utmost historical importance to the people of Delhi."

The Court also took note of the fact that there would be large number of devotees visiting the temple during the Navratra season and that emergent remedial measures are therefore required to be taken especially in the interests of the lakhs of devotees who visit the temple and are unrepresented before the Court.

"On the basis of all the submissions, reports and proposals, it is clear that directions are required to be issued, in order to ensure that the safety and security of the devotees, who come in large numbers on a daily basis, is safeguarded, and also to provide them with proper convenience and civic amenities. Further there is an essential need to streamline the resolution of disputes pertaining to the bari rights, to save judicial time, as also ensure and maintain the smooth functioning of the Mandir," the Court said.

The Court noted that there are various proceedings pertaining to inter se disputes in relation to various rights that are currently pending before various District Courts, suits by various occupants of the temple and Criminal cases in respect of baridaars.

The Court observed that a large amount of judicial time is being consumed by all the District Courts, which are adjudicating these cases separately and individually.

"..this Court is of the view that this is a fit case for exercise of powers under Section 24(1)(b) of the Civil Procedure Code, to withdraw all the cases from their respective District and Civil Courts, and consolidate them after examining the issues which have been raised in the said cases," the Court said.

It added "Let all these cases, numbered as 1-48 in the above table, be listed before this Court on the next date of hearing. All the ld. Counsel appearing in these matters shall be intimated by the respective Courts and Judicial Officers, about the orders passed today, in order to enable them to appear before this Court on the next date of hearing."

With regards to removal of unauthorized occupation by vendors, hawkers, shopkeepers and removal of unauthorised construction and encroachments, the Court took on record certain photographs to observe that the manner in which the shopkeepers have constructed their shops has created obstructions in the movement of devotees in the temple.

Further observing that it is essential that unauthorised occupants or shopkeepers who do not have any valid legal rights to occupy the same, are liable to be removed in coordination with the Delhi Police and the SDMC, the Court said:

"Accordingly, it is directed that all unauthorized occupants/encroachers, who do not enjoy valid tehbazari licenses, and who are in unauthorized occupation of the said premises, would be liable to be removed, until and unless there is a Court order protecting the said occupant.All encroachments in the Mandir premises, and complex and peripheral areas are also directed to be removed."

For maintenance of the temple, the Court observed that there is a grave and imminent need to preserve the spiritual sanctity of the temple and not allow the same to be "misused by unwanted elements who may convert it into a commercial enterprise."

"For the effective day-to-day administration, efficient and smooth functioning, as also to ensure that the above-mentioned issues are addressed at the Kalkaji Mandir, this Court is of the opinion that an Independent Administrator is required to be appointed by this Court for performing various functions in relation to the Mandir and its complex," the Court said.

Accordingly, the Court appointed Retired Justice JR Midha as the administrator of the Temple for taking care of the day to day administration and issues of safety and security of the temple. The Court added that the entire temple complex shall be under the direct supervision and control of the Administrator.

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

It was also 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 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.

Title: NEETA BHARDWAJ & ORS. v. KAMLESH SHARMA

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