Kalkaji Temple Redevelopment: High Court Orders Delhi Police To Proceed With Eviction Of Unauthorised Occupants

Update on March 25 - Supreme Court refuses to interfere with HC order - 

In a matter concerning the redevelopment of city's Kalkaji temple, the Delhi High Court has directed the Delhi Police to proceed with the eviction of unauthorized occupants of jhuggis and dharamshalas present in the temple premises.

Justice Pratibha M Singh took into consideration the stand taken by such unauthorised occupants that they will neither vacate nor opt for the flats on rent or rain basera.

The Court said that the eviction of the said occupants had a sense of urgency in view of the upcoming Navratra festival commencing from 2nd April, 2022 and the fact that proper arrangements will have to be made for the entry and exit of the lakhs of devotees who visit the temple during the said period.

"The Kalkaji Mandir premises sees a steady and high influx of devotees during the Navratra period and the continued occupation of the jhuggis and dharamshalas by the occupants would pose enormous threat to the safety and security of all the devotees, for whom elaborate arrangements would have to be made by the ld. Administrator," the Court ordered.

The Court said that the eviction process shall be undertaken under the direct supervision and control of Joint Commissioner of Police, Southern Range, and DCP, South East Delhi. It added that all the other authorities including DUSIB, DDA, SDMC and their concerned officials shall render complete assistance to the Delhi Police.

"Thus, the unauthorized occupants of jhuggis and occupants of dharamshalas who are 142 and 46 in number respectively, are directed to cooperate with the eviction process, as they have chosen not to avail of any of the options which have been offered to them in terms of the order dated 15th March, 2022," the Court directed.

Directing the evection process to commence on March 24, the Court said that the Administrator, along with the other agencies, will be free to engage sufficient manpower or direct the deputation of the required manpower for the purpose of enabling the eviction of the unauthorized occupants of jhuggis and dharamshalas from the temple premises.

At the outset, the Court also directed the Delhi Jab Board to ensure that during the Navratra festival period, proper running water supply is made available to the devotees and the sewage system is functioning properly.

The matter will now be heard on March 31.

"Status report qua the eviction shall be placed on record by the Delhi Police by 31st March, 2021. Ld. Administrator to file a further status report on the remaining aspects. The Architect shall also file his proposal for the erection of the temporary shops and kiosks," the Court said.

Earlier, the Court had observed that wherein a land is being used for public purposes, if occupants of jhuggis or slums are evicted, it is the State's objective to provide them alternative accommodation after conduct of requisite surveys and collection of data.

While the Court had earlier clarified that none of the occupants who are in illegal occupation of the temple premises can remain in possession, it noted that there were some jhuggi dwellers and Dharamshala occupants who had not vacated the said premises.

Accordingly, the Court had directed the Delhi Development Authority, DUSIB and South Delhi Municipal Corporation to jointly undertake a survey of the temple premises and make a list of the number of occupants and the number of families who are still dwelling in the jhuggis as also in the Dharamshalas.

The Court had earlier 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.

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: NEETA BHARDWAJ & ORS. v. KAMLESH SHARMA

Citation: 2022 LiveLaw (Del) 232

Click Here To Read Order