Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(Del) 1459

IN THE HIGH COURT OF DELHI AT NEW DELHI
Prathiba M. Singh, J.
Neeta Bhardwaj & Ors. - Appellants
Versus
Kamlesh Sharma - Respondent
First Appeal From Order No. 36 of 2021, Civil Miscellaneous Application No. 2914, 10442, 10444, 14178, 20904, 20945, 20949, 23819, 25868, 25869, 25870, 25884, 25885, 26495, 29013, 29014, 29121, 38063, 38289, 39643, 40269 of 2021, REVIEW PET. 103, 177 of 2021 & 179 of 2021, CONT.CAS(C) 614 of 2021, TR.P.(C.) 62, 63, 64, 65 of 2021, CS (OS) 641, 642 of 2005, 511, 512, 517, 518, 519, 520, 521, 523, 524, 525, 526, 527, 528, 529, , 530, 531, 532, 533, 534, 535, 579, 538, 539, 540, 541, 542, 543, 544, 545, 546, 547, 548, 550, 551, 552, 553, 554, 555, 556, 557, 559, 588 of 2021, Ias 19847 of 2012, 16501, 16502, 19445, 19512 of 2014 & 2234, 24296, 24297 of 2015, 4478 of 2019, 8339 of 2020
Decided On : 15-11-2021

Advocates appeared:
R.K. Bhardwaj, Advocate, Dheeraj Bhardwaj, Advocate, Neeraj Bhardwaj, Advocate, Rohit Kishan Naagpal, Advocate, Dipanshu Gaba, Advocate, Garima Anand, Advocate, Anuroop P.S, Advocate, Humayun Khan, Advocate, Pradeep Kumar Gulia, Advocate, Rajesh Kumar Gupta, Advocate, Kamal Kumar, Advocate, Krishan Gopal Chokkar, Advocate, Jitender Verma, Advocate, Anuroop P.S., Advocate, Mayank Yadav, Advocate, Neeraj Bhardwaj, Advocate, Thakur Sumit, Advocate, Vishal Bhardwaj, Advocate, Kamal Kant Bhardwaj, Advocate, Vishal Maan, Advocate, R.S. Verma, Advocate, Vipin Bharadwaj, Advocate, Kush Bhardwaj, Advocate, Luv Bhardwaj, Advocate, Sanjay Bhardwaj, Advocate, R.K. Gupta, Advocate, R.K. Bhardwaj, Advocate

The central legal point established in the judgment is the court's authority to issue directions for the regulation and management of religious premises, removal of unauthorized encroachments, and provision of essential facilities for devotees.

Headnote:
Kalkaji Mandir - Various Acts and Sections - The court discussed and referenced various acts and sections including unauthorized encroachment, misconduct, sanitation facilities, potable drinking water, and fire safety. The court issued directions to ensure proper management and regulation of the Mandir premises, removal of unauthorized encroachments, and provision of essential facilities for devotees.
Fact of the Case:

The case pertains to the Kalkaji Mandir where issues related to encroachments, management of devotees, and misconduct by certain individuals were raised. The court analyzed the status report, video evidence, and the interim report of the ld. Administrator.
Finding of the Court:

The court found that there were incidents of manhandling of devotees by police constables, unauthorized encroachments by shopkeepers, and misconduct by certain individuals. The court also found deficiencies in facilities such as sanitation, drinking water, and fire safety at the Mandir.
Issues: The issues included manhandling of devotees, unauthorized encroachments, misconduct by individuals, and lack of essential facilities at the Mandir.
Ratio Decidendi: The court's decision was influenced by the need to ensure proper regulation and management of the Mandir premises, removal of unauthorized encroachments, and provision of essential facilities for devotees.
Final Decision: The court issued directions for adequate police deployment, removal of unauthorized encroachments, impleadment of Delhi Development Authority, addressing misconduct, setting up a medical center, ensuring sanitation facilities, providing potable drinking water, and opening a separate bank account for redevelopment.

JUDGMENT

Prathiba M. Singh, J. - This hearing has been done through hybrid mode.

2. These matters pertain to the Kalkaji Mandir, which this Court has been hearing from time to time.

3. On the last date i.e., 27th October 2021, it was submitted by Mr. Vipin Bharadwaj, one of the baridaars, that the police are not providing complete cooperation for the removal of encroachments and the management of devotees for darshan in accordance with the order of this Court dated 27th September 2021. Accordingly, this Court had directed Mr. Sanjay Lao, Standing Counsel (Criminal) for GNCTD, to obtain instructions and file a status report in respect thereof.

4. Today, Mr. Sanjay Lao has appeared virtually, along with Sub-Inspector Mannu Dev from PS Kalkaji, and has presented a status report to the Court. The status report reads as under:

"That in compliance of the Honble Court order dated 08.09.2021 passed in the above noted FAO, joint inspection of the Kalkaji temple complex was conducted by the official of the SDMC and Delhi Police and a detailed report of the same was submitted before this honble court.

Further, in compliance of honble court orders dated 27.9.21, sufficient police force was deployed to assist the SDMC official and Ld. Administrator appointed by honble high court for removal of encroachment in mandir complex. Ld. Administrator conducted physical inspection of mandir premises with police and civic authorities and also held meeting with all baaridars and representatives of shop keepers on 29.9.21. after that sealing of unauthorized shops in the premises was started and total 107 shops were sealed during drive. Due to Adequate police arrangement no Law & Order situation was emerged and whole sealing process was completed peacefully.

During Navratras, this time the temple opened for general public after a gap of one and half year due to COVID pandemic so the devotees came in much large number and with more enthusiasm to pay their obeisance to the revered deity. Moreover, this time the added dimension to the challenging task was sealing of shops in temple complex, closure of one important route for devotees and issues related to unwillingness of pujaris and Baaridars to follow the directions of administrator appointed by honble Delhi high court. Despite all above facts, proper law & order as well as implementation of COVID guidelines was conducted during Navratra arrangement successfully by the police under the supervisions of Ld. Administrator.

Staff of 10 Policemen from police station Kalkaji always remain present in the temple to ensure proper management of devotees and provide police assistance in case of any need. Besides it, Extra staff is deployed including paramilitary force during days of heave footfall like weekends. Regular meetings are held with the baaridars, Pujaris & Mandir committee to ensure proper co-ordination.

Police force is always available to provide assistance as & when required by the Civic authorities or Ld. Administrator for Kalkaji temple. Undersigned is duty bound and willing to abide by any directions passed by this honble court or by Ld. Administrator appointed by honble court into the matter."

5. Mr. Lao, submits that as per the status report, all action required to maintain the law and order in the Mandir premises are being taken, and a sufficient number of personnel have already been posted at the Mandir premises.

6. However, Ms. Smita Mann, ld. Counsel appearing for Vipin Bharadwaj, has presented before the Court a video, which is available on the internet, to show that there has been some manhandling of devotees by certain police constables who were posted in the Mandir.

7. After perusing the video, a clarification was sought from Mr. Lao. In response, he submits that this video had, in fact, gone viral and was brought to the attention of the concerned DCP and the Joint Commissioner of Police. He submits that after the said video was brought to the notice of the higher authorities, the Delhi Police has ta