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2016 Supreme(SC) 1260

SUPREME COURT OF INDIA
Dipak Misra, Shiva Kirti Singh, JJ.
Kalkaji Mandir Vikreta Sangathan-II & Ors. - Petitioners
Versus
Piyush Joshi & Ors. - Respondents
Petition(s) for Special Leave to Appeal (C) Nos.32452-32453 of 2013, S.L.P.(C) No. 32845 of 2013, S.L.P.(C)...CC 20364 of 2014
Decided On : 16-03-2016

Advocates:
Advocate Appeared:
For the Petitioners: Ms. Heena Sharma, Kuldeep Singh, Sonal Jain, Ramesh K. Mishra, Rohit Kumar Singh, Krishna K. Singh
For the Respondents:Suresh Chandra Tripathy, K.B. Rohtagi, Mahesh Kasana, Ms. Aparna Rohatgi Jain, R.K. Bhardwaj, Neeraj Bhardwaj, Dheeraj Bhardwaj, Lakshya Bhardwaj, Satyendra Kumar, Mahabir Singh, Sr. Adv., Sanjee K. Saroha, Kriti Kumar, Rameshwar Prasad Goyal, P.K. Dey, Ms. Sunita Sharma, D.S. Mahra, Prabal Bagchi, (Respondent-in-person), Arun K. Sinha, Ms. Binu Tamta, Dhruv Tamta, Ms. Nikita Shrivastava, B. Ramana Murthy, Ms. Sumita Hazarika, Ritesh Dhar Dubey, Prabhash Chandra, Ms. Ipsita Behura, Balraj Dewan, Sarvesh Mitter, Amit S., (for M/s Mitter & Mitter Co.), K. S. Rana, Bimal Roy Jad, Rohit Kumar Singh, V. Sridhar Reddy, Abhijit Sengupta, (Applicant-in-person), Rajinder Mathur, Narender Kumar Verma, Rakesh Kumar, Ajay Amritraj, Ms. Vibha Dutta Makhija, Sridhar Potaraju, Ms. Sadhana Sandhu, Ms. Sushma Suri, P. Narasimhan, P. Parmeswaran, Kush Bhardwaj, Har Saroop Sharma, Sarvesh Bhardwaj, (Intervenor-in person)

The main legal point established in the judgment is the court's authority to issue specific directions to address maintenance and cleanliness issues within the temple premises, emphasizing the importance of maintaining cleanliness and discipline.

Headnote:

Temple Management - Maintenance and Cleanliness - [No specific act section referenced] - The court addressed various issues related to the maintenance and cleanliness of the temple premises, including demarcation of temple and non-temple areas, construction and maintenance of toilet blocks, fencing of green belt, drainage and water leakage issues, and crowd management. The court issued specific directions to the concerned authorities to address these issues and emphasized the importance of maintaining cleanliness and discipline within the temple premises.

Fact of the Case:

The Committee identified several areas of concern related to the maintenance and cleanliness of the temple premises, including non-demarcation of temple premises, construction and maintenance issues, water leakage, and crowd management.

Finding of the Court:

The court directed the concerned authorities to take specific steps to address the identified issues, such as demarcation of temple and non-temple areas, construction and maintenance of toilet blocks, fencing of green belt, drainage and water leakage issues, and crowd management.

Issues: Maintenance and cleanliness of the temple premises, demarcation of temple and non-temple areas, construction and maintenance of facilities, water leakage, and crowd management.

Ratio Decidendi: The court emphasized the importance of maintaining cleanliness and discipline within the temple premises and issued specific directions to the concerned authorities to address the identified issues.

Final Decision: The court issued specific directions to the concerned authorities to address the identified issues related to maintenance and cleanliness of the temple premises, and set deadlines for the completion of necessary actions.

ORDER :

In pursuance of our earlier orders, the Committee has visited the temple in question and found certain areas of concern. The areas of concern that the Committee has noted are to the following effect:

"(a) The most fundamental problem was the non-demarcation of the temple premises, thereby permitting all authorities to pass the responsibility on without any accountability of their own. Temple land, DDA land, Mahant's land and private land seemed to all merge together without clear perimeters or fences.

(b) The construction of the toilet block by SDMC near the South Gate (the DDA Parking lot) was underway.

(c) The fence between the DDA parking and the greenbelt of Astha Kunj was broken and a lot of garbage was being thrown on the land meant to be green belt.

(d) There is a shelter constructed by DDA for temporary occupation of visiting pilgrims which was fully occupied by permanent occupants, which was contributing to the lack of cleanliness in the area.

(e) There was leakage of water from the water pipe flowing from the tank of Delhi Jal Board which was being freely utilized by the occupants for all purposes.

(f) The North Gate (from the Lotus Temple side) had an open car parking strewn with garbage and no supervision.

(g) An open drain near the West Gate (close to the Metro station) had led to water stagnation and filth."

2. The Committee has suggested the following steps to be taken:-

"(a) A clear demarcation of the temple area and non-temple area be done so that thee may be ease in determining responsibilities.

(b) SDMC be directed to operationalize and maintain the three toilet blocks.

(c) DDA may be directed to fully fence the green belt with fence of appropriate height with barbed wire atop it and to ensure regular visits so that the same is not breached in any manner.

(d) DDA may be directed to immediately depute sufficient staff to commence beautification of the green belt.

(e) SDMC should be directed to depute requisite staff to clean the DDA parking area as well as all other areas around the temple, especially those indicated above.

(f) Delhi Jal Board be directed to plug the leakage in the pipe and to cover the drain and also to put wire fencing to prevent open bathing and washing of clothes.

(g) SDMC should be directed to immediately take steps for renovation of the existing toilet blocks and stops drainage through the park and make sufficient number of facilities for use by men and women. The Corporation may be directed to put in place appropriate mechanisms for ensuring periodic cleaning of all 3 toilet blocks.

(h) The DJB be directed to implement its water and drainage proposal at the earliest and to strictly comply with the timeliness indicated by it.

(i) Proper signage be put up by the temple authorities to direct disposal of trash in the garbage bins provided for the same, and for the PWD to assist in repairing the drains."

Having heard learned counsel for the parties, we are of the considered opinion that these are the areas which are to be focused upon at present.

3. As far as the suggestion (a) is concerned, we only direct the concerned Sub-Division Magistrate to instal a demarcating barricade by which the non-temple area can be carved out. Be it noted, he shall not go by any kind of records because that may effect the right, title and interest of the litigating parties in various courts. He shall only demarcate so that the concerned authorities can proceed with the works relating to cleanliness and other aspects.

4. As far as the suggestions (b) and (g) are concerned, we have been apprised that three toilet blocks are already in existence. The South Delhi Municipal Corporation (SDMC) is directed to operationalize and maintain the three toilet blocks. The maintenance being the real problem, the SDMC shall see to it that the toilet blocks are appropriately maintained and remain clean.

5. As far as the suggestion (c) is concerned, Ms. Binu Tamta, learned counsel appearing for the Delhi Development Authority (DDA) has submi









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