Point of Law: Once the unauthorized occupants, unauthorized constructions and encroachments are removed, within the next one week, steps shall be initiated towards re-development of the entire Mandir and the complex.

JUDGMENT :

Prathiba M. Singh, J.

1. The subject matter of these disputes is the Mandir Shri Kalkaji - a Mandir of historical significance, located in South Delhi. The Mandir’s deity is believed to be the Hindu Goddess - Maa Kaali, who is also referred to as Kaalika. As per legend, the name of the Mandir derives itself from the name of the self-manifested deity Maa Kaali.

2. The Mandir itself has a long history, however the present order is not concerned with the same. It is sufficient to state that the Mandir is historically run by various persons belonging to one of two groups, namely the Thok Brahmins and Thok Jogians. Within these groups, there are various sub-groups, named as follows:

Thok Brahmins

Thulla Jasram Thulla Bahadur Thulla Tansukh Thulla Rambaksh

Thok Jogians

Garbari Jogi (Sanjogis) Kanphatta Jogis

3. Disputes between the members of these groups have engaged courts and authorities for more than 150 years. In the inter se disputes amongst these groups, several issues have been raised from time to time with regard to claims to the following two rights:

- Right to conduct/perform puja sewa

- Right to realise the offerings and donations collected in the Mandir, as also claims to tehbazari rights.

4. There are a large number of interim orders and final judgments that have been passed by Civil Courts, District Courts, and the Delhi High Court, in the various disputes filed amongst the co-sharers in these rights, also called the Baridaars. This Court, for the purpose of the present order is, however, only concerned with the administrative and management issues which are being faced at the Mandir, and not the specific inter se disputes that have been raised, in respect of which the hearings are not yet concluded.

Proceedings before this Court and Orders passed

5. FAO 36/2021, titled Neeta Bharadwaj and Ors. v. Kamlesh Bharadwaj and Ors., which is one of the appeals listed before this Court, was first listed on 1st February, 2021. The said appeal challenges an order passed by the ld. ADJ, South East, Saket Courts New Delhi, dated 16th January 2021, wherein an issue relating to the rights of female members of the factions to conduct puja sewa and enjoy shares in the offerings, was in question. On the said date, after hearing the parties briefly, a Local Commissioner (hereinafter, ‘LC’) was appointed by this Court, to ascertain the following:

- Who has been conducting the puja sewa and collecting the Dakshina/ offerings for the period of the said bari;

- Who is in control and has custody of the donation boxes located in the precincts of the Kalkaji Mandir;

- Are there any accounts maintained in respect of the amounts collected;

- Details of the donations received in the Mandir;

- Average number of devotees who visit the Mandir daily.

6. In terms of the said order, the report of the LC was received, and the same revealed an extremely disturbing situation on ground at the Mandir. The report revealed that the Mandir had almost become a commercial enterprise, with auctioning of puja rights to third parties, large scale irregularities in collection of offerings/donations, hoardings and advertisements of various businesses being displayed within the precincts of the Mandir. The report also revealed that the donation boxes at the Mandir are under the control of a few individuals. It was also reported that there are hardly any facilities for the devotees such as clean toilets, drinking water, resting areas, langar/ prashada areas etc. The report of the LC also showed that there is unhindered, unauthorised construction in and around the Mandir premises and certain individuals had come in control of the Mandir and have been illegally collecting tehbazari and other monies from unauthorised occupants etc. It was also revealed that the bari in the Mandir, supposed to be exercised by the various baridaars mentioned above, was also being auctioned to the highest bidder, and in this manner, these individuals had taken control over all the baris, and the fun