The main legal point established in the judgment is the need to protect the heritage and religious sites from unauthorized construction and ensure stakeholder involvement in redevelopment plans.

JUDGMENT :

(Prathiba M. Singh, J.) :—

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.

Construction activities on land adjoining to the Kalkaji Mandir & Lotus Temple

3. On the last date of hearing, it was brought to the attention of the Court that fresh construction and excavation was being done in the land adjoining the Kalkaji Mandir and the Lotus Temple. The Court was informed that the said activities were being carried out by a third party i.e M/s Eswara Kamdhenu Restaurant Pvt. Ltd. to whom the land in question was stated to have been leased by DDA. On the said date, certain photographs of the construction activities were also handed over to the Court. The Court had also directed DDA to place on record the nature of arrangement with the said third party carrying out construction on the land adjoining the Kalkaji Mandir and the Lotus Temple by 28th April, 2023.

4. Today, Mr. Birbal, ld. Counsel, at the outset, submits that he has filed an affidavit on behalf of DDA, however, the same is not yet on record. A copy of the same has been handed over to the Court. As per the said affidavit, around 60 sites whose inventory was available with the Engineering/Horticulture Department of DDA were put on e-auction on 21st October, 2022 for the purposes of marriage, social, cultural and religious functions on a license fee basis.

5. Certain bids are stated to have been received and pursuant thereto, 23 open sites including the site called “DDA land adjoining green area at Kalkaji Mandir” admeasuring 9,000 sq. meters is stated to have been licensed out to M/s Eswara Kamdhenu Restaurant Pvt. Ltd. for a period of 36 months starting from 1st November, 2022 on a monthly license fee of Rs. 28,91,120/-. The said site is stated to have been handed over on 28th December, 2022. The submission of DDA is that the land belongs to DDA and there is no embargo on using the same. Temporary structures are being erected by the said Licencee on the said land.

6. In the present matter relating to the Kalkaji Mandir, the Court is undertaking the exercise of demarcation of land as also the redevelopment of the Kalkaji Mandir. The DDA has been a party in these proceedings right from inception. The construction which was recently commenced adjoining the Lotus Temple and the Kalkaji Mandir was brought to the notice of the Court on the last occasion. The Court had observed vide order dated 19th April 2023, that since demarcation was yet to be finalised, DDA could not have entered into an arrangement with a third party. The observations of the Court are extracted below:

“11. SDM Kalkaji, Mr. J.B. Kapil who is present in Court today submits that the demarcation process is underway and is taking some time because the revenue records are very old, dating back to 1900s and in Urdu language. He further submits that the said records are being translated. He further submits that the DDA has not extended any cooperation in demarcating the land, though they are in possession of records.

12. Ld. Counsel for the Petitioners have also placed on record today certain photographs to show that fresh construction, excavation is being done in the land adjoining the Mandir by a third party to whom the said land is stated to have been leased by DDA. It is surprising that when the demarcation itself is not finalized, how the DDA has started developing the same.

13. The Court expresses enormous concern as DDA has been a party to these proceedings right from the inception and when the demarcation process is being undertaken for the redevelopment of the Mandir, suddenly, the DDA is stated to have entered into some arrangement with a third party and has started construction immediately adjoining the Mandir.”

7. Photographs/images of the construction being undertaken on th