The Delhi High Court has ordered the Delhi Police to evict unlawful residents of jhuggis and dharmshalas on the temple grounds in connection with the redevelopment of the city's Kalkaji temple.
Justice Pratibha M Singh took into deliberation the stand taken by such unauthorised occupants that they will neither vacate nor opt for the flats on rent or rain basera.
The eviction of the said residents is also a matter of urgency because the Navratras will begin on April 2, 2022, and suitable arrangements must be made for the entry and exit of the lakhs of devotees who visit the Kalkaji Mandir during this time.
“The Kalkaji Mandir premises sees a steady and high influx of devotees during the Navratras period and the continued occupation of the jhuggis and dharmshalas 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. Administration “.
The eviction process shall be undertaken under the direct supervision and control of Ms. Meenu Chaudhary, Joint Commissioner of Police, Southern Range, and Ms. Esha Pandey DCP, South East Delhi and it added that the other authorities viz., Delhi Urban Shelter Improvement Board (DUSIB) , Delhi Development Authority (DDA) , South Delhi Municipal Corporation (SDMC) and their concerned officials shall render complete assistance to the Delhi Police.
The Hon’ble High Court said that
“Thus, the unauthorized occupants of jhuggis and occupants of dharmshalas 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”.
According to the Court, other agencies are free to employ or direct the deputation of authorized personnel for the purpose of allowing the expulsion of unauthorised jhuggis and Dharamshala tenants from the Kalkaji Mandir grounds.
SEVERAL ISSUES DISCUSSED BY THE HON’BLE HIGH COURT
- Creation of temporary shops and kiosks
The Learned Administrator has also informed the Court that for the allotment of temporary shops and kiosks, 20 shopkeepers have already deposited a sum of Rs.30,000/-
The project should be implemented by the Chief Engineer, Delhi Development Authority, in terms of the installation of temporary stores and kiosks, according to the ld. Administrator.
The Hon’ble High Court in the order dated 15th March, 2022, observed that :
“10. The DDA has already informed the ld. Administrator during the interactions which were held, that it has no objection to the redevelopment of the Kalkaji Mandir, and the creation of the temporary shops and kiosks in the Mandir premises. The same is recorded in paragraph 26(i) of the Administrator's report. Let a communication to this effect be issued by the DDA to the ld. Administrator, within one week.”
The Kalkaji Mandir's Architect has been granted permission to set up shops and kiosks on the premises for a one-year term, till the main redevelopment of the Mandir begins. The same plot of land can then be turned into a green space and landscaped as part of a broader development plan. This will help to avoid haphazard vendor and hawker crowding.
“Thus, in view of the above directions already issued on 15th March, 2022, the Architect may place on record a plan giving the timelines for erection of the temporary shops and kiosks, as per the said order”.
The Architect may also apply to the appropriate authorities for electricity, water, and sewage connections as needed. The Architect must submit the aforementioned plan by March 31, 2022, together with information of the expected expenses.
The Hon’ble High Court also said that
“Insofar as the period of Navratras is concerned, considering the lakhs of devotees who are likely to be visiting the temple, some arrangement would be required to be made for the purposes of selling phool, prasad and puja samagri and other puja utensils and gift items etc., Accordingly, as temporary tables may be allowed to be put up in any suitable part of the Kalkaji Mandir premises, in consultation with the Architect and in a manner that ensures that access to the same is provided to all the devotees who visit the temple.”
- Supply of Water and Laying Down of Sewage Lines
According to the Delhi Jal Board (hereinafter “DJB”) the inspection of the Kalkaji Mandir premises has been done. The choking of sewer lines as wells as leakage and overflow of water has been dealt with and repaired.
The Hon’ble High Court directed that Delhi Jal Board shall also ensure that during the Navratra period, proper running water supply is made available to the devotees of the Kalkaji Mandir and the sewage system is functioning properly during the said period.
At last the Hon’ble High Court list all these matters on 31st March, 2022 at 2:30 p.m.
21. 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 kiosk.
The Court had also stated that if occupants of jhuggis or alums are evicted from land utilised for public uses, the State's goal is to provide them with alternative housing after conducting the necessary surveys and collecting information.
While the Court had aforementioned that no occupants in illegal occupation of the temple grounds can remain in possession, it was noted that several jhuggi dwellers and Dharamshala residents had not yet left the premises.
As a result, the Delhi Development Authority, Delhi Urban Shelter Improvement Board , and South Delhi Municipal Corporation were ordered to conduct a joint inspection of the temple grounds and compile a record of the number of tenants and families still living in the jhuggis and Dharamshalas.
The Court had earlier directed the authorities, including the South Delhi Municipal Corporation, the Delhi Development Authority, and the Delhi Police, to make sure that its orders were followed and that all illegal encroachers were removed from the Kalkaji Temple premises within the given time.
Furthermore , the Court had issued a series of orders addressing the temple's administration and maintenance, as well as the resolution of disputes over bari rights between baridaars, in order to ensure the temple's smooth operation.
It had raised concern over the temple's "dismal" maintenance and asked the local commissioner to verify the Temple's collections/donations and check whether CCTV cameras installed inside its premises are operating.
It was reiterated that prior Receivers' and local commissioners' reports indicated that the temple complex's cleanliness and maintenance were not sufficient.
Case Title: NEETA BHARDWAJ & ORS. v. KAMLESH SHARMA
Citation: 2022 Live Law (Del ) 232
