Kalkaji Temple : Supreme Court Refuses To Stay Delhi HC Order Appointing Administrator; Directs Removal Of Encroachments From Mandir Premises

The bench of Justices DY Chandrachud and Bela M Trivedi also refused to stay the High Court direction for appointment of 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 Single Judge bench of Justice Pratibha M Singh in the impugned judgment had also added that the entire temple complex shall be under the direct supervision and control of the Administrator.

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

Remarking that it was essential that unauthorized occupants or shopkeepers who do not have any valid legal rights to occupy the same were 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."

What Transpired Before The Supreme Court Today?

In the hearing today, Senior Advocate Rajeev Dhavan appearing for Mahant Surendra Nath(the appellant), submitted before the bench that the matter concerning Kalkaji Temple had arisen from two set of cases amongst which one class of case was:

• Special Leave Petition moved by shopkeepers against Delhi High Court's order dated October 9, 2013 directing the municipal authorities to demolish unauthorised constructions within the Kalkaji Premises, the Supreme Court bench of Justices BS Chauhan and Dipak Mishra had stayed the High Court's order on October 12, 2013.
• Special Leave Petition preferred against the order dated September 27, 2021 wherein the High Court had issued slew of directions regarding the administration and maintenance of Kalkaji Temple

Dhavan further submitted that before the Delhi High Court, the issue was with regards to the rights of married daughter with regards to share in the pooja sewa or conduct the pooja sewa but the High Court expanded the scope of the case and took over the temple and placed it under the receiver.

He submitted that the High Court exceeded its jurisdiction in a First Appeal Against Order (FAO).

"Our entire temple has been taken over, there is a redevelopment plan which has been put into motion. It is unheard of that Mahant or Shebait does not have right over the management of the temple. My rights have been taken over...", Dhavan submitted.

Submitting that takeover of such magnitude was unbelievable, Senior Counsel sought for stay against the order dated September 27, 2021.

Refusing to grant the said relief, Justice DY Chandrachud the presiding judge of the bench said, "We'll issue notice in the fresh matters & hear it after the vacations."

On the bench refusing to grant the stay, Senior Counsel while apprising the bench with regards to the order passed by the Delhi High Court of directing Delhi Police to proceed with the eviction of unauthorized occupants of jhuggis and dharamshalas present in the temple premises sought for grant of status quo.

"There is going to be destruction of parts of the area, request to grant status quo," submitted Senior Counsel.

The bench however while further refusing to grant the relief sought for said, "We won't grant the status quo. We're issuing notice. We'll have to see the matter at large."

It may be noted that the Top Court on March 25, 2022 had refused to interfere with the plea challenging the eviction of unauthorized occupants of Jhuggis and Dharamshalas at Kalkaji Temple.

Case Title: Kalkaji Mandir Vikreta Sangathan-Ii And Ors. V. Piyush Joshi And Ors. and connected petitions

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