The main legal point established in the judgment is the court's authority to direct the erection of a boundary wall to prevent encroachments and address concerns related to the redevelopment of the Kalkaji Mandir.

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. Today the ld. Administrator's Fifth Report dated 23rd April, 2022 (hereinafter 'Report No.5'), has been received. Report No.5 raises various concerns and provides recommendations in respect of the same.

Erection of Boundary Wall to Prevent Encroachments

4. Before proceeding further, this Court notices that there are concerns expressed about continuous encroachment into the Kalkaji Mandir premises, as also into the land which is adjacent to the Mandir area, some of which may also be Government land.

5. The entire process of redevelopment of the Kalkaji Mandir would be severely jeopardized if encroachments happen on a daily basis either by vendors or any other unauthorized occupants. Accordingly, it is deemed appropriate to secure the entire land surrounding the Kalkaji Mandir premises, being used for the activities of the Mandir, by erection of a barricade or a boundary wall for safeguarding the entire land.

6. Mr. Chauhan, ld. Architect is present virtually and submits that in some areas there was barbed wire fencing, however the same has been removed by encroachers. Mr. Chauhan recommends that metal sheet fencing can be done of the entire land so as to avoid continuous encroachments. Accordingly, in order to ensure that such occurrences of encroachments do not happen on a daily basis, it is directed as under:

(i) Ld. Architect along with his team shall take immediate steps for erection of metal sheet barricade or any other type of barricades/boundary that he deems appropriate, which is not easily removable, for fencing the entire land around the Kalkaji Mandir, which is being used for activities of the Mandir.

(ii) For the said purpose, the concerned Tehsildar and/or revenue authorities as also the PWD officials and DDA officials shall render all necessary cooperation.

(iii) Once the entire land is barricaded, the revenue authorities and other DDA/SDMC/concerned officials may commence the demarcation process to separate the Government land and other Kalkaji Mandir premises land / the land claimed to be belonging to the Thok Jogians and Thok Brahamins.

7. A sum of Rs.10 lakhs is directed to be released to the ld. Architect from the 'Registrar General, Delhi High Court, A/c Kalkaji Mandir Fund' vide A/c No.15530110155950 IFSC Code UCBA0001553] (hereinafter 'Kalkaji Mandir Fund'), for the purposes of erecting the boundary wall/barricades in terms of the above order.

8. The Delhi Police through SHO Kalkaji - Sh. Balbir Singh who is present in Court, has assured the Court that the boundary wall erected either through metal sheets or any other form of barricading shall be regularly monitored, so as to ensure that no unauthorized occupation or encroachment takes place into the Kalkaji Mandir premises.

9. During the process of erection of barricading and boundary wall, the SHO, Kalkaji shall also provide requisite police assistance to the ld. Architect and the ld. Administrator, to ensure smooth erection of the same. Shops/Vendors on the periphery of the Kalkaji Mandir premises

10. The ld. Administrator has also mentioned in Report No.5 that several temporary stalls/vendors are operating on the periphery of the Kalkaji Mandir premises. The SDMC to clarify if any vendors have been licensed in this area and if so, what are the numbers and details of such vendors, by filing an affidavit by the next date of hearing.

11. The issue of removal of vendors from the periphery of the Mandir shall be considered once the barricading is completed. In the meantime, it is directed that SDMC and the GNCTD shall not give any further permission to the street vendors for hawking in the periphery of the Kalkaji Mandir.

12. At this stage, ld. counsel for the GNCTD, submits that GNCTD does not give any hawking rights or any tehbazari for hawking to vendors