SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2022 Supreme(Del) 1006

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 and 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 and 23093 of 2022
Decided On : 20-05-2022

Advocates appeared:
Mr. Rohit K. Naagpal and Mr. Dipanshu Gaba, Advocates, Mr. R. K. Bhardwaj, Advocate, Mr. Kush Bhardwaj, Advocate, Mr. Luv Bhardwaj, Advocate, for the Appellant; Mr. Sunil Fernandes, SC Bses-RPL with, Mr. Shubham Sharma, Advocates, Mr. Anurag Ahluwalia, Cgsc with, Mr. Shubham Gupta &, Mr. Rishab Narayan, Advocates, Mr. Anunaya Mehta and Mr. Vinayak Thakur, Advocates, Mr. Rajesh Ranjan Singh & Ms. Preeti Chaudhary, Advocates, for the Respondent.

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.

Headnote:

Kalkaji Mandir - Redevelopment - SLP No.9073/2022, LPA No.172/2022, SLP No.32452-32453/2013 - The judgment discusses the redevelopment of Kalkaji Mandir and the involvement of pujaris, baridaars, and dharamshala occupants in the process. It also addresses the construction of temporary shops, allotment of larger temporary shops, and rehabilitation of jhuggi dwellers. The court issues directions for vacation of premises, submission of suggestions, and regular meetings with the ld. Administrator.

Fact of the Case:

The case pertains to the redevelopment of Kalkaji Mandir and the involvement of pujaris, baridaars, and dharamshala occupants in the process. The court addresses the construction of temporary shops, allotment of larger temporary shops, and rehabilitation of jhuggi dwellers.

Finding of the Court:

The court finds that the involvement and support of pujaris and baridaars in the redevelopment process are crucial. It directs the vacation of premises, submission of suggestions, and regular meetings with the ld. Administrator to ensure effective participation.

Issues: Redevelopment process, involvement of pujaris and baridaars, construction of temporary shops, allotment of larger temporary shops, rehabilitation of jhuggi dwellers.

Ratio Decidendi: The court emphasizes the importance of accommodating the interests of pujaris and baridaars in the redevelopment process and issues directions for their active participation and contribution.

Final Decision: The court issues directions for vacation of premises, submission of suggestions, and regular meetings with the ld. Administrator to ensure effective participation of pujaris and baridaars in the redevelopment process.

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. Vide previous order dated 27th September, 2021, Ms. Manmeet Arora was appointed as Assistant to the ld. Administrator. The relevant paragraph of the said order is set out below:

    '107. The ld. Administrator shall be assisted by Ms. Manmeet Arora, who has been appointed as the Local Commissioner by this Court in these cases, from time to time, and has submitted various reports on the condition of the Kalkaji Mandir. The ld. Administrator may appoint a Secretary-cum Treasurer to assist him in carrying out his mandate and day-to-day functioning.'

    4. The said ld. Counsel who had been appointed as the Assistant to the ld. Administrator, has since been elevated as a Judge of this Court. Accordingly, Ms. Samapika Biswal, ld. Counsel who has been working with the erstwhile counsel, Ms. Arora, and who has also been assisting the ld. Administrator on a continuous basis and appearing before the Court on behalf of the ld. Administrator, is appointed as the Assistant to the ld. Administrator. Considering the standing of Ms. Biswal, ld. Counsel, her payment is fixed at Rs.75,000/- per month, instead of Rs.1,50,000/- per month which was earlier fixed, payable in the same manner as that of the erstwhile Assistant mutatis mutandis.

    5. At the outset, it is noted that as recorded in the previous order dated 13th May, 2022, ld. Counsels appearing for the pujaris who were the petitioners before the Supreme Court in SLP No.9073/2022 titled Nathi Ram Bhardwaj & Ors. v. Neeta Bhardwaj & Ors. and the Division Bench in LPA No.172/2022 titled Vinayak Bhardwaj v. Neeta Bhardwaj, and of various baridaars and pujaris had clearly and unequivocally submitted that they support the redevelopment of the Kalkaji Mandir fully. However, they ought to be allowed to participate in the redevelopment process and give their suggestions and recommendations to the ld. Administrator and the Architect. The Court had accordingly directed them to give their suggestions and the said process is already underway before the ld. Administrator. The relevant extract of the said order dated 13th May, 2022, reads as under:

      '8. Going forward, the submission of Mr. Vikas Singh, Id. Senior Counsel and Mr. Rakesh Bhardwaj, Id. Counsel, appearing for the pujaris who were the petitioners before the Supreme Court in SLP No.9073/2022 titled Nathi Ram Bhardwaj & Ors. v. Neeta Bhardwaj & Ors. and the Division Bench in LPA No.172/2022 titled Vinayak Bhardwaj v. Neeta Bhardwaj, and of various baaridars and pujaris is that they support the redevelopment of Kalkaji Mandir fully, however, in the redevelopment process, the baaridars and the pujaris ought to be allowed to participate and give their suggestions and recommendations to the Id. Administrator and the Architect. Their submission is that the role of the Pujaris and the Dharamshala occupants ought to be acknowledged and some part of the redevelopment ought to account for their interests as well.

      9. In view of the submissions made by the Dharamshala occupants and the pujaris today, they are permitted to appear before the ld. Administrator at a suitable time and date fixed by the ld. Administrator in order to enable them to give their suggestions/recommendations/proposals to the Id. Administrator in respect of the redevelopment. During this meeting, it is made clear that the concerns of the ld. Administrator regarding the waiting rooms for devotees and proper arrangements of food and water, shall be kept in mind while discussing the redevelopment with pujaris and dharamshala occupants. The ld. Architect shall be present in such meetings. '

      6. This Court has been informed by the Ld. Administrator that the first of such meetings has been conducted by the ld. Administrator on 18th May, 2022. As per the Minutes of Meeting dated 18th May 2022

                  Click Here to Read the rest of this document
                  1
                  2
                  3
                  4
                  5
                  6
                  7
                  8
                  9
                  10
                  11
                  Judicial Analysis

                  AI

                  SupremeToday Portrait Ad
                  supreme today icon
                  logo-black

                  An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

                  Please visit our Training & Support
                  Center or Contact Us for assistance

                  qr

                  Scan Me!

                  India’s Legal research and Law Firm App, Download now!

                  For Daily Legal Updates, Join us on :

                  whatsapp-icon Back to top