Redevelopment Of Kalkaji Temple: Delhi High Court Directs DJB To Inspect Premises, Status Report Sought

The Delhi High Court has directed the Delhi Jal Board to inspect the Kalkaji temple premises as a part of it's maintenance and redevelopment project to ensure that the same is kept clean.

Justice Pratibha M Singh sought a status report to be filed by the Delhi Jal Board after perusing a report which had recorded some grievances regarding choking of sewer lines and overflow of water supply in the premises.

"Accordingly, it is directed that the team from the DJB shall be sent to inspect the premises, and ensure that the choking, leakage and overflow of water, if any, is dealt with and repaired expediently, so that the premises of the Mandir are kept clean. Let a status report be filed by Ms. Bharti on behalf of the DJB by the next date," the Court ordered.

The Court also perused a report regarding 46 dharamshalas in the temple premises occupied by shopkeepers, encroachers, trespassers, people other than shopkeepers, Pujaris, tenants of Pujaris, and sewaks of Pujaris.

The Court was of the view that the dharamshalas were in a dilapidated condition and were plainly unsafe for being occupied.

"The current situation cannot be permitted to continue as apart from the Pujaris who claim rights, there are several unauthorised occupants and encroachers as well who are living with their families. The dharamshalas also need to be renovated as part of the overall re-development of the Kalkaji Mandir. For this purpose, the present occupants of the dharamshalas including the shopkeepers, encroachers/trespassers other than shopkeepers, the pujaris, the tenants of pujaris, as also the sewaks of pujaris would also have to vacate the said premises," the Court said.

Regarding the pujaris and their families occupying the dharamshalas, the Court said that they may appear before the Administrator on 7th February, 2022, to make their submissions after which the Administrator may interact with them and draw up a list of all eligible pujaris, who could be considered for allotment of quarters in the overall re-development plan.

"Thereafter, in consultation with the ld. Architect, the ld. Administrator may make recommendations to this Court as to the manner in which the said pujaris and their families ought to be accommodated, if any, in the overall re- development plan," the Court added.

The Court also directed the concerned authorities including the DDA, SDMC and the Delhi Police to effect the removal and disposal of malba (debris) and commence levelling of the land for the purpose of redevelopment of the temple premises.

The Court added that the said authorities shall ensure that the land space is freely available for the Architect to conduct a final survey, before presenting the finalised Re- development plan before the Court on 15th February, 2022.

The Court also received a draft report from the Registry, tabulating the various amounts, which were lying deposited in the form of FDRs, demand drafts and cheques with the District and Civil Courts where individual matters pertaining to the disputes are pending. According to the Registry, the total amounts lying deposited was more than Rs. 6 crorestill now, apart from those lying deposited in various suits.

"The worthy Registrar General of this Court shall now receive a proper report from the concerned branch. He shall get all the amounts lying deposited in the various proceedings concerning the Kalkaji Mandir before the District Courts transferred into the aforementioned Kalkaji Mandir Fund account," the Court said.

The Bench also directed the Administrator to also submit a report setting out the accounts of the expenses incurred with regards to the Kalkaji Mandir, since the date of his appointment.

The matter will now be heard on February 15.

Earlier, the Court had 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

Click Here To Read Order