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PRATHIBA M. SINGH
Neeta Bhardwaj – Appellant
Versus
Amlesh Sharma – Respondent
JUDGMENT
Prathiba M. Singh, J. - This hearing has been done through hybrid mode.
2. These are part heard matters.
FaO 36/2021 & CM aPPLs.2914/2021, 10442/2021, 10444/2021, 20904/2021, 23819/2021, 25868/2021, 25869/2021, 25870/2021, 25884/2021, 26495/2021, 29121/2021, 25885/2021, 43944-46/2021, 3172/2022, 3455/2022, 5641/2022, 5642/2022, 38063/2021, 38289/2021, 39643/2021, 5803/2022, 5865/2022, 7745-46/2022
3. Pursuant to the previous order dated 2nd March, 2022, Mr. Manish Gupta, Vice Chairman, DDa, Ms. Garima Gupta, CEO, DUSIB, Ms. Esha Pandey, DCP, South East Delhi, and Mr. Gyanesh Bharti, Commissioner, South Delhi Municipal Corporation have all joined the proceedings.
4. The redevelopment of the Kalkaji Mandir premises is to take place, however this Court's interaction with the ld. administrator as also the architect and the other assisting counsels to the ld. administrator, has revealed that certain jhuggi dwellers and some Dharamshala occupants have not yet vacated the premises.
5. Vide previous orders of this Court dated 27th September, 2021, 7th December, 2021, 9th December, 2021 and 24th December, 2021, it was made amply clear that none of the occupants who are in illegal occup
The main legal point established in the judgment is the distinction between unauthorized occupants of religious premises and normal tenants, and the state's obligation to provide alternative accommod....
Unauthorized occupation of religious premises is illegal; the Court mandates removal to ensure redevelopement for public safety.
Applicants are directed to send their representations to the DDA and DUSIB collectively, so that a decision can be taken in this regard by the said authorities.
The court ruled on the necessity of redevelopment of temple premises while ensuring the rights of pujaris and addressing grievances of unauthorized occupants.
The court established that unlawful occupants of public premises must be evicted for safety during religious gatherings, ensuring proper relocation options are provided yet not favoring unauthorized ....
Court ensures participatory redevelopment process for community stakeholders while directing eviction of unauthorized occupants and considering rehabilitation under public housing schemes.
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.
The court emphasized the importance of balancing the rights of encroachers with the rights of devotees and upheld the need for compliance with court directions.
Court upheld the importance of managing and redeveloping temple premises while balancing the interests of stakeholders involved, ensuring proper representation and administration of the site.
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