Kalkaji Temple Redevelopment: Delhi High Court Directs Erection Of Boundary Wall To Prevent Encroachments By Vendors, Unauthorised Occupants

Observing that the entire process of redevelopment of the Kalkaji temple would be severely jeopardized if encroachments happen on a daily basis either by vendors or any other unauthorized occupants, the Delhi High Court has directed erection of boundary wall surrounding the temple premises in order to prevent such encroachments.

Justice Pratibha M Singh was dealing with a bunch of pleas concerning the aspect of maintenance and redevelopment of city's Kalkaji temple.

Noting the concerns expressed about continuous encroachment into the Kalkaji Mandir premises, as also into the land which was adjacent to the Mandir area, the Court said:

"….it is deemed appropriate to secure the entire land surrounding the Kalkaji Mandir premises, being used for the activities of the Mandir, by erection of a barricade or a boundary wall for safeguarding the entire land."

The Court directed that the Architect along with his team shall take immediate steps for erection of metal sheet barricade or any other type of barricades or boundary that he deems appropriate, which is not easily removable, for fencing the entire land around the Kalkaji Mandir.

"For the said purpose, the concerned Tehsildar and/or revenue authorities as also the PWD officials and DDA officials shall render all necessary cooperation," it added.

Furthermore, the Court said that once the entire land is barricaded, the revenue authorities and other DDA/SDMC/concerned officials may commence the demarcation process to separate the Government land and other Kalkaji Mandir premises land or the land claimed to be belonging to the Thok Jogians and Thok Brahamins.

"A sum of Rs.10 lakhs is directed to be released to the ld. Architect from the "Registrar General, Delhi High Court, A/c Kalkaji Mandir Fund", for the purposes of erecting the boundary wall/barricades in terms of the above order," it said.

At the outset, Delhi Police through SHO Kalkaji, also assured the Court that the boundary wall erected either through metal sheets or any other form of barricading shall be regularly monitored, so as to ensure that no unauthorized occupation or encroachment takes place into the Kalkaji Mandir premises.

"During the process of erection of barricading and boundary wall, the SHO, Kalkaji shall also provide requisite police assistance to the ld. Architect and the ld. Administrator, to ensure smooth erection of the same," the Court directed.

The Court also said that the l issue of removal of vendors from the periphery of the temple shall be considered once the barricading is completed. In the meantime, the Court directed the SDMC and the Delhi Government to not give any further permission to the street vendors for hawking in the periphery of the temple.

The matter will now be heard on May 13.

Earlier, the Bench had directed the Delhi Police to proceed with the eviction of unauthorized occupants of jhuggis and dharamshalas present in the temple premises.

Importantly, the Supreme Court recently refused to interfere in the plea challenging the eviction of the said unauthorized occupants of Jhuggis and Dharamshalas. However, it granted petitioner the liberty to approach the Administrator appointed by the High Court for redressal of grievances.

Previously, 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) 385

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