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2022 Supreme(Del) 821

IN THE HIGH COURT OF DELHI AT NEW DELHI
Prathiba M. Singh, J.
Neeta Bhardwaj & Ors. - Appellants
Versus
Kamlesh Sharma - Respondent
FAO 36 of 2021, CM Appls. 2914 of 2021, 10442 of 2021, 10444 of 2021, 20904 of 2021, 23819 of 2021, 25868 of 2021, 25869 of 2021, 25870 of 2021, 25884 of 2021, 25885 of 2021, 26495 of 2021, 29121 of 2021, 38063 of 2021, 38289 of 2021, 39643 of 2021, 43944-46 of 2021, 3172 of 2022, 3455 of 2022, 5641 of 2022, 5642 of 2022, 5803 of 2022, 5865 of 2022, 7745 of 2022, 13472 of 2022, 16153 of 2022, 17039 of 2022, 18207 of 2022, 18247 of 2022, 18248 of 2022, 21768 of 2022, 21801 of 2022, 21802 of 2022, 21803 of 2022, 22125 of 2022, 23093 of 2022
Decided On : 01-06-2022

Advocates appeared:
Mr. Kirti Uppal, Sr. Advocate, with, Mr. Sudhir Naagar, Mohd. Saquib Siddiqu, Ms. Simran Gill &, Mr. Ankur Prakash, Advocates, Mr. Mohit Auluck, Advocate, for, Mr. Vinay Bhardwaj, for the Appellant; Mr. Nitin Jain, Mr. Vishal Chauhan, Ms. Komal Jain, Mr. Rishabh Singhal, Ms. Kavita Singh, Advocates, Mr. Prabhas Chandra, Advocate, for the Respondent.

Headnote:(A) Civil Procedure Code, 1908 - Sections 151 and 152 - Delhi Land Reforms Act, 1954 - Declaratory decree regarding land use - Court reiterates that land surrounding the temple is reserved for temple use only, restricting encroachments for personal benefit - Non-compliance with directions regarding conduct in and around the temple complex by Mahant and pujaris leads to court orders for eviction and governance towards redevelopment. (Paras 14, 20, 30, 41)

(B) Compliance with Court directives - The court emphasizes the importance of compliance with judicial instructions to maintain decorum and safety within temple premises. (Paras 4, 5, 6)

(C) Commercial interests versus religious obligations - The conflict between commercial exploitation of temple premises and their intended religious use is decisively addressed, mandating the adherence to temple norms and communal respect. (Paras 12, 10)

(D) Rights of pujaris and volunteers - The court clarifies existing rights and limitations of pujaris regarding land usage and residential claims, rejecting individual ownership for temple property. (Paras 24, 40)

Table of Content
1. kalkaji mandir related matters under consideration. (Para 2 , 3)
2. arguments regarding compliance and direction adherence. (Para 4 , 9 , 10)
3. fire safety measures implemented post-incident. (Para 5 , 6)
4. rights of pujaris in relation to the land usage. (Para 19 , 21 , 24)
5. pujaris cannot claim individual rights over temple land. (Para 26 , 38)
6. final decision on occupancy and shop allotment. (Para 44 , 45)
7. administrative decisions regarding fair organization and fund management. (Para 56 , 58)

ORDER

Prathiba M. Singh, J. (Oral). - 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. These are part-heard matters.

3. At the outset, the Minutes of the Meeting dated 30th May, 2022 submitted by the ld. Administrator has been perused by this Court. The said Minutes deal with various aspects relating to the Kalkaji Mandir. As per the said Minutes, Mahant Shri Surender Nath is stated to be the current baridaar. The said Minutes record that there has been non-compliance of the directions issued by the ld. Administrator in respect of arranging qualified pandits for distributing prasad and providing other services in the bhawan, the pandits following a uniform dress code, as also, non-compliance of directions regarding recycling of prasad. The relevant portion of the Minutes of the Meeting dated 30th May, 2022 is set out below:

    D. Non-compliance of the direction dated 23.05.2022 regarding entry of Pandits only in the Temple

    13. In the meeting dated 23.05.2022, the Baridaar, i.e. the Mahant was directed to arrange for qualified Pandits to give prashad and provide other services inside the Bhawan with effect from 30.05.2022. However, the direction has not yet been complied with. The Mahant has sought a review of the decision taken in this regard.

    14 An inspection of the Bhawan was carried out by the undersigned and videos/ photographs were taken of the persons present inside the Bhawan. The undersigned has reconsidered the request of the Mahant for review of the decision and reiterates the decision taken in the meeting dated 23.05.2022. The reason for reiterating the said decision is that in all Temples and religious places, the services are performed by qualified pandits only and there is no reason to deviate from the well-established universal practice all over the country. It is further directed that the said pandits shall follow a uniform dress code, to be approved by the undersigned. The said decision is to be communicated to the Mahant.

    E. Non-compliance of the direction regarding recycling of the prashud

    15. The direction dated 23.05.2022 to return the prashad (nariyal, chunni and other items) to the devotees to stop re-cycling of the prashad has still not been complied with by the present baridaar. i.e. the Mahant

    16. The Mahant, has once again been requested to return the prashad to the devotees either inside the Temple, or by at the exit gate of the Mandir, by putting an additional point at the exit gate, with immediate effect. The Mahant assured to do the needful without delay.

4. Mr. Aly Mirza and Mr. Prabhash Chander, Id. Counsel appearing on behalf of the Mahant submit that the Mahant has been adhering to the directions issued by the ld. Administrator and has been rendering complete cooperation to the ld. Administrator. Ld. Counsels submit that insofar as the puja sewa and other rituals being performed are concerned, the practice of the same being conducted by pujaris who are qualified Pandits shall continue. However, insofar as the other voluntary work including distribution of prasad and providing of other services is concerned, the same can be permitted to be performed by the volunteers, so long as they are suited to serve in a Mandir, their credentials are verified in terms of their background and they follow a uniform dress code, for the purposes of identification. This stand of the Mahant is also supported by t

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