The main legal point established in the judgment is the court's authority to regulate and manage the premises of the Kalkaji Mandir, including the fixation of tehbazari amounts for shops and the appointment of an Administrator.

JUDGMENT

Prathiba M. Singh, J. (Oral)

1. 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.

Demarcation of Mandir Premises

3. On 22nd February, 2023, the Court was informed during the hearing by the SDM- Kalkaji's Office that a tender was floated for carrying out demarcation through a TSM agency for the survey of the premises and the same was to be finalised shortly. In view of the said submission, the Court had directed the SDM's Office to place a report in respect of the demarcation on record by the next date of hearing.

4. None has appeared on behalf of the SDM-Kalkaji today and no report in relation to demarcation has been filed.

5. Mr. J.B. Kapil, SDM-Kalkaji shall be personally present in Court on the next date of hearing and update the Court on the demarcation process as the Court has been informed by ld. Counsel for the Administrator, that there has been no further progress as the tender did not yield any response.

6. SDM-Kalkaji shall also collect from ld. Counsel for the parties, as also any other parties, the details of the demarcation done in 2012 by M/s Dhyani Constructions and make his submissions before the Court in respect of demarcation of the mandir premises on the next date of hearing.

7. Mr. Rakesh Kumar, Inspector, who has joined the hearing virtually, has been informed of this order. The SHO-Kalkaji shall serve a copy of today's order to the SDM-Kalkaji so that he can remain present on the next date of hearing.

Redevelopment of the Mandir

8. A status report dated 14th March, 2023 has been placed on record by the ld. Administrator. As per the report, a meeting between the two Architects - Mr. Goonmeet Singh Chauhan and Ms. Himanshi Kaushik as also the ld. Administrator, and the pujaris took place on 10th March 2023. It is informed that a proposal for division of responsibility between the architects was proposed by Mr. Chauhan on which the pujaris are yet to revert.

9. Mr. Chauhan and Ms. Himanshi Kaushik, both the architects are present in the Court. They submit that within a period of four weeks, they will finalise the division of work between themselves and place the same on record.

10. The division of work will be placed on record by means of a table/chart by the next date of hearing. For the said purpose, if any further meetings are required, the same shall be coordinated by the two architects irrespective of the presence of the parties. The meetings shall be held between the architects and the final agreed plan shall be put up.

Removal of street vendors from the periphery of the Mandir

11. Insofar as the 51 street vendors registered with the MCD vending on the periphery of the Kalkaji Mandir who were directed to be moved from the periphery of the Kalkaji mandir vide order dated 14th February, 2023 are concerned, they have already been moved to the western side of Shamshan Ghat Road, Kalkaji as recorded in order dated 22nd February, 2023. On the last date of hearing, the Court was informed that more street vendors are there who are also stated to be registered with the MCD. In view of the said submission, the Court had passed the following direction:

"15. If that is the position, the said 28 street vendors, or any other vendors claiming parity with the 51 street vendors registered with the SDMC, may appear before the Id. Administrator on 5th March, 2023 (Sunday) on which date, concerned officials from the SDMC shall also clarify the position to the Id. Administrator who shall put up a report on the next date of hearing after taking all the relevant factors into consideration."

12. Today, Ms. Samapika Biswal, ld. Counsel, has informed the Court that in the meeting dated 05th March, 2023, which was also attended by MCD Officials, the street vendors were given time till 9th March, 2023 to submit their representations along with relevant documents. It is her submission tha