Neeta Bhardwaj vs Kamlesh Sharma

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Del) 1606

PRATHIBA M. SINGH
Neeta Bhardwaj – Appellant
Versus
Kamlesh Sharma – Respondent

Advocates appeared:
Mr. R. K. Bhardwaj, Advocate, Mr. Kush Bhardwaj, Advocate, Mr. Vishal Bhardwaj, Advocate, Mr. Neeraj Bhardwaj, Advocate for Mr. Vipul Gaur, Mr. Sarvesh Bhardwaj, Advocate, Mr. Sanjeev Kumar Dubey, Sr. Advocate with Mr. Rajmangal Kumar, Mr. Rahul Trivedi and Mr. Rishabh Kumar Thakur, Advocates, Mr. S. Sasibhushan, Advocate, for the Appellant; Mr. Arun Panwar, Advocate for Mr. Santosh Kumar Tripathi, Standing Counsel (Civil) GNCTD, Mr. Jameel Ahemad & Mr. Deepak Kr., Advocates, Mr. Anuroop P.S., Advocate, Mr. D.K. Singhal, Advocate, Mr. Paul Kumar Kalai and Mr. Atul Kumar Srivastav, Advocates, for the Respondent.

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 tha