Kalkaji Temple: Delhi High Court Issues Directions For Removal Of Unauthorized Encroachments, Portable Drinking Water Facilities For Devotees

The Delhi High Court has issued additional directions for removal of unauthorised encroachments by shopkeepers and residents inside city's Kalkaji Temple and also regarding portable drinking water facilities for devotees.

Justice Pratibha M Singh was of the opinion that the shopkeepers who had made their residences and were in unauthorised occupation of shops including the Dharamshala need to be vacated.

"It is also made clear that for vacation of the shops and of unauthorized occupants from the Mandir premises, the ld. Administrator shall continue to take action as per the previous orders of this Court, with effect from 10th December, 2021 onwards," the Court said.

The Court also requested the Court appointed architect to inspect and survey the entire temple premises and suggest an alternate place where the shops may be temporarily run till the final plan for the re-development of the Mandir is approved.

"For the said purpose, if the shopkeepers file their undertakings before this court, an option could be given, on the basis of the highest bid which may be received as per the public notice floated by the Administrator on 12th November, 2021, to all the shopkeepers who have had their shops for a long period in the Kalkaji Mandir premises to run shops, subject to payment of tehbazari/licence fee in accordance with the terms and conditions prescribed," the Court ordered.

It further added that in case the shopkeepers file their undertakings to the effect that they would not occupy or reside in the temple premises, the Court could consider their undertakings and pass directions on the next date of hearing.

As regards to the shopkeepers whose unauthorised residences within the temple premises are to be vacated, the Court permitted them to approach the Delhi Urban Shelter Improvement Board (DUSIB) and DDA for alternate premises in case they are eligible in accordance with law.

"If DUSIB has a process of providing रैन बसेरा (Night shelter) they are permitted to avail of the same in accordance with law as well. Insofar as the SDMC and the DDA are concerned, it is made clear that all the encroachments and persons who are in the unauthorised occupation, whether in the shops or residences, have to be removed from the Kalkaji Mandir and requisite cooperation shall be extended by the officials concerned, to the ld. Administrator for the said purpose," it said.

The Court also directed the Delhi Jal Board to ensure that the blocked sewer lines which were not in a serviceable condition, are opened and put into proper functional use for the purpose of providing portable drinking water facilities to devotees.

The Court also dismissed a review plea challenging the order dated 27th September 2021 filed by one of the baridaars at the Kalkaji Temple.

On the argument that the appointment of the Administrator could only be made for a limited period, the Court ordered thus:

"the gross mismanagement that was happening in the Mandir and the complete unauthorized encroachment and the whimsical manner in which the tehbazari were being given had created a matter of immense concern, especially, in light of the fact that hundreds and thousands of devotees visit the Mandir every day. Moreover, there is no unity among the various baridaars. Each group has various sub-groups and all individuals speak in different voices. There is enormous in-fighting amongst the stakeholders which is reflected in various proceedings that were pending in different courts. Some cases have been filed for each and every bari and the said baris are being auctioned, on a commercial basis."

It added:

"The spiritual sanctity of the Mandir is completely eroded by all the stakeholders, unauthorised occupants, encroachments by shopkeepers, lack of cleanliness and hygiene, lack of basic amenities to devotees. It was under these circumstances that before this Court, the baridaars, as noted in the order dated 27th September 2021, clearly arrived at a consensus that there was a need to appoint an Administrator to look after the administration of the Kalkaji Mandir."

The matter will now be considered on December 21.

Earlier, 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.

The Court had previously 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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