The court balanced the larger public interest with the interests of the places of worship and directed the PWD to make the pedestrian pathway uniform, allowing for demolition and reconstruction while providing necessary facilities.

JUDGMENT

Prathiba M. Singh, J. (Oral)--This hearing has been done through video conferencing.

2. The present petition has been filed by the caretakers and bearers of the Sanatan Dharam Mandir/Prachin Shiv Mandir located at Jheel ka Piao, Opposite Link House, Mathura Road, ITO, New Delhi. The challenge in this petition is to the letter dated 31st October, 2022 issued by the Executive Engineer, Civil, GNCTD directing removal of encroachments and unauthorized occupation of PWD land. The case of the Petitioner is that the Mandir has not done any unauthorized encroachment and the removal of the same would inconvenience the devotees who visit the Mandir regularly.

3. On 2nd December, 2022, when the present matter was listed, it was submitted on behalf of the GNCTD and PWD that the action is being taken pursuant to the order dated 1st November, 2022 passed by the L&DO. The said order reads as under:

"To,

Executive Engineer,

Central & New Delhi - Roads,

Public Works Department, Govt. of NCT of Delhi,

Under Ring Road Bypass Flyover,

Opposite IGI Stadium Gate-09,

New Delhi-110002

Sub: Regarding encroachment in PWD right of way by (1) Masjid Jheel Ka Piao and (2) Santan Dhram Sabha at BSZ Marg, New Delhi-reg.

Sir,

I am directed to refer to your letter dated 19th September, 2022 on the subject mentioned above and to say that both the Sanatan Dharm Sabha Mandirs on BSZ Marg/Mathura Road were allotted to Santan Dhram Sabha. Sanatan Dharm Sabha has represented in the recent past to return/handover these sites back to L&DO, which is under consideration. Further, the sites allotted to Sanatan Dharm Saba are presently under consideration of ESO Court for recovery of damage charges/eviction under PPE Act, 1971. Hence, the status of the matter is sub-judice.

2. Further, the land parcel of Masjid at Jheel Ka Piao is a Waqf Board property. This plot is not allotted to anyone, but being operated by Waqf Board. Presently, some area of this site is the part of road and some area is the encroachment of the land allotted to CAG. Apart from this, as per the direction of Hon'ble High Court of Delhi, MoHUA constituted One Man Committee to hear all stakeholders/affected parties of de-notified Waqf properties including Masjid at Jheel Ka Piao. As the One Man Committee's report was not satisfactory, Two Member Committee was subsequently formed with the approval of the Hon'ble HUAM. The Two Member Committee has now submitted its report which is under consideration of the Competent Authority.

3. This issues with the approval of Competent Authority."

4. On the said date, after hearing submissions of Mr. Hemant Chaudhary, ld. Counsel appearing for the Petitioners and Mr. Gautam Narayan, ld. ASC appearing for the GNCTD, the following directions were issued:

"5. In the meantime, a meeting be conducted by the concerned Executive Engineer, PWD, which shall be attended by the representatives of the Petitioner, the L&DO, as also, the DMRC, so as to arrive at a consensus, as to the manner in which the encroachment, if any, can be removed without disturbing the idol in the temple premises, in order to ensure that there is proper right of way for the pedestrians. As part of this meeting, all the stakeholders shall also consider as to whether the temple can itself be relocated/moved.

6. Let the said meeting be held on 7th December, 2022 at 11:30 a.m. Let a status report in respect of the said meeting be filed by Mr. Narayan, ld. ASC, on the next date of hearing.

7. List on 22nd December, 2022.

8. It is made clear that no precipitative action shall be taken till the next date of hearing."

Thus, this Court directed that a meeting be called by the PWD of all the authorities including the L&DO, DMRC etc.,

5. On 22nd December, 2022, it was reported that the meeting was held between the L&DO, PWD, occupants of the Mandir as also the DMRC. The minutes of the meetings were placed on record on the said date. As per the said minutes, the L&DO had stated that there was no space adjacent to the Man