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PRATHIBA M. SINGH
Saraswati – Appellant
Versus
Union Of India – Respondent
JUDGMENT
Prathiba M. Singh, J. - This hearing has been done in physical Court. Hybrid mode is permitted in cases where permission is being sought from the Court.
2. This petition has been taken up on transfer in the typed supplementary list.
3. The present petition has been filed on behalf of three Petitioners namely - Mrs. Sarawati, Mr. Vinod Kumar Sharma and Mr. Gyan Singh Sharma, seeking the following reliefs:
"a) Direct Respondent Authorities (including the Ministry of Railways, Government of NCT of Delhi, DUSIB) to rehabilitate the Petitioners prior to eviction/demolition of the Dharmshalas;
b) Direct Respondent Authorities (including the Ministry of Railways, Government of NCT of Delhi, DUSIB) to follow the Delhi Slum & JJ Rehabilitation and Relocation Policy, 2015 and the Protocol (for removal of Jhuggis) in letter and spirit;
c) Pass any other or such further order as be deemed fit in facts and circumstances of the present case."
4. This petition finds its genesis in the order dated 27th September, 2021, passed by this Court in FAO 36/2021 titled Neeta Bhardwaj and ors. v. Kamlesh Sharma and connected matters, in respect of various unauthorised occupants and illegal encroachers in
The court emphasized the importance of balancing the rights of encroachers with the rights of devotees and upheld the need for compliance with court directions.
Unauthorized occupation of religious premises is illegal; the Court mandates removal to ensure redevelopement for public safety.
The main legal point established in the judgment is the distinction between unauthorized occupants of religious premises and normal tenants, and the state's obligation to provide alternative accommod....
Applicants are directed to send their representations to the DDA and DUSIB collectively, so that a decision can be taken in this regard by the said authorities.
The court established that unlawful occupants of public premises must be evicted for safety during religious gatherings, ensuring proper relocation options are provided yet not favoring unauthorized ....
The court ruled on the necessity of redevelopment of temple premises while ensuring the rights of pujaris and addressing grievances of unauthorized occupants.
The main legal point established in the judgment is the court's authority to order the eviction of unauthorized occupants and the allocation of temporary spaces for commercial activities in the Kalka....
Court ensures participatory redevelopment process for community stakeholders while directing eviction of unauthorized occupants and considering rehabilitation under public housing schemes.
The central legal point established in the judgment is the necessity of accommodating the interests of pujaris and baridaars in the redevelopment process and ensuring their active participation.
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