Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Del) 3591

IN THE HIGH COURT OF DELHI AT NEW DELHI
Prathiba M. Singh, J.
Neeta Bhardwaj & Ors. – Appellants
Versus
Kamlesh Sharma – Respondent
FAO 36 of 2021 & CM APPLs.2914 of 2021, 10442 of 2021, 10444 of 2021,
Decided On : 24-08-2023

Advocates appeared:
Mr. R.K. Bhardwaj, Mr. Neeraj Bhardwaj, Ms. Alpana Pandey, Mr. Siddharth Bhardwaj, Mr. Deepak Bhardwaj, Mr. Rahul Bhardwaj and Mr. Lakshay Bhardwaj, Advocates.
Mr. Arun Birbal, Mr. Sanjay Singh & Ms. Sonia Singhania, Advocates, for the DDA.
Mr. Neeraj Bhardwaj & Mr. Rahul Bhardwaj, Advocates.
Mr. Rakesh Tikku, Senior Advocate with Mr. Lokesh Bhardwaj, Advocate.
Mr. Kush Bhardwaj, Advocate.
Ms. Samapika Biswal and Mr. Aman Kumar Yadav, Advocates, for the Ld. Administrator.
Mr. Luv Bhardwaj, Advocate.
Mr. Siddharth Panda and Mr. Ritank, Advocates, for the MCD.
Mr. Thakur Sumit, Advocate.
Mr. Vishal Bhardwaj, Advocate.
Mr. Ishkaran Singh, Advocate for 19 shopkeepers.
Mr Prabhas Chandra, Advocate.
Mr. R.K. Bhardwaj, Advocate.
Mr. Rajmangal Kumar.
Mr. Goonmeet Singh, Architect.
Mr. Rakesh Kumar, SHO.
Mr. Rajeev Kumar Chauhan, Advocate for Unregistered Vendors.
Mr. S. Sasibhushan, Advocate.
Mr. Sarvesh Bhardwaj, Advocate.
Mr. Vipul Gaur, Advocate.
Mr. Anuj Chaturvedi, Advocate for DUSIB.
Mr. Ramesh Kumar Mishra, Advocate.
Mr Anuroop PS, Advocate.
Mr. Aly Mirza and Mr. Parbhash Kumar, Advocates.
Mr. Aditya, Mr. Kamlesh Kumar Mishra, Mr. Kailash Kumar Jha, Mr. Raghunath Pathak and Ms. Shivalika, Advocates.
Mr. Akarshan Bhardwaj and Ms. Garima Anand, Advocates
Mr. Amit Kumar Yadav and Mr. Anil Kumar Patwari, Advocates.
Mr Rishabh Kapur, Advocate.
Mr. Manik Dogra, Mr. Saurabh Chadda, Mr. Rohit Bhagat and Mr. Dhruv Pande, Advocates
Mr. Puneet Jain, Advocate with Mr. Umang Mehta, Advocate.
Mr. Sharique Hussain, Advocate.
Mrs. Alpana Pandey Advocate.
Mr. Ramesh Kumar Mishra, Advocate.
Mr. Kumar Abhinandan, Advocate.
Mr. Deepak Bhardwaj, Advocate.
Mr. S. Ganesh, Sr Advocate With Mr. R.R. Kumar and Mr. Saurav Kumar Advocates in CM 28363/2023.

The main legal point established in the judgment is the need for ongoing progress in the demarcation process, proper placement of street vendors, resolution of redevelopment issues, and conducting a public auction for the allotment of temporary shops.

Headnote:
Kalkaji Mandir - Demarcation, Street Vendors, Redevelopment, Dharamshalas, Allotment of temporary shops, Deployment of Home Guard, Non-payment of Tehbazari, Transfer of Amounts
Fact of the Case:

The case pertains to the ongoing demarcation process of the land belonging to the Kalkaji Mandir, placement of street vendors, redevelopment of the Mandir, inspection of Dharamshalas, allotment of temporary shops, and other related issues.
Finding of the Court:

The Court found progress in the demarcation process and directed continued work based on the progress report. It also addressed the placement of street vendors, redevelopment issues, inspection of Dharamshalas, and the allotment of temporary shops.
Issues: The issues included demarcation progress, placement of street vendors, redevelopment plan, inspection of Dharamshalas, and the allotment of temporary shops.
Ratio Decidendi: The Court emphasized the need for ongoing progress in the demarcation process, proper placement of street vendors, resolution of redevelopment issues, and inspection of Dharamshalas. It also decided to conduct a public auction for the allotment of temporary shops.
Final Decision: The Court directed the continuation of demarcation work, submission of comprehensive affidavits, submission of final redevelopment plan, demolition of chabutras, and conducting a public auction for the allotment of temporary shops.

JUDGMENT

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. The 12th Report of the ld. Administrator has been received today.

Demarcation

4. The process of demarcation of the land belonging to the Kalkaji Mandir has been ongoing under the supervision of this Court and various directions has been passed by the Court from time to time. On 6th July, 2023, the Court had constituted a committee consisting of DDA, and MCD officials as also two representatives of pujaris/baaridars to supervise the demarcation.

5. On the issue of demarcation, the ld. Administrator has reported that regular meetings were held in the office of the SDM and weekly meetings have been held at the office of the ld. Administrator. The status of the demarcation as per the last meeting dated 21st August, 2023 is as under:

"16. In terms of the directions of the undersigned, regular meetings have been held at the office of the SDM, and weekly meetings have been held at the office of the undersigned, every Monday. As per the last minutes of meeting dated 21.08.2023, the present status of demarcation is as follows:

(i) That the topographical survey has been completed.

(ii) That the field work is completed.

(iii) That the work of drafting, i.e., joining of lines of boundary wall, property lines, roads, footpaths, etc., is in progress; and shall be completed in 10 days.

(iv) Thereafter, the topographical map is to be digitized with the revenue map, which is stated to take approx. 90 days, which shall then be forwarded to the Kanungo for necessary action.

The Demarcation Agency has also filed an interim progress report as on 22.08.2023 with the office of the undersigned, which is enclosed herewith for the perusal of this Hon'ble Court.' of meetings."

6. The progress report dated 22nd August, 2023 filed by the demarcation agencies `Measure Techno Services' states that the topographical map of the entire relative area would be completed by 30th August, 2023. Thereafter, the digitisation of the revenue map will take place.

7. From the report it appears that there is some progress in the demarcation process. Let the work be continued in terms of the progress report dated 22nd August, 2023 and weekly progress report be made to the ld. Administrator by the SDM as also the demarcation agency.

Street Vendors

8. Insofar as the street vendors are concerned, this Court vide the order 6th July, 2023 had allowed street vendors verified by the MCD to sell their wares outside the precincts of Kalkaji Mandir. The Court had further directed the ld. Administrator to designate the space in which vending activities shall be undertaken. The Court had further directed Mr. Rishabh Kapur, ld. Counsel to provide the details of the street vendors whose verification is underway, and directed the MCD to file an affidavit qua this aspect.

9. From the submissions made by ld. Counsels today, it appears to the Court that there are two aspects of the issue. One is the location of the street vendors, which has now been dealt with by the ld. Administrator as detailed in the 12th Report. As per the said Report, the street vendors have been placed at appropriate locations in a manner so as to ensure that the devotees are not in any manner inconvenienced. Insofar as the second aspect is concerned, Mr. Rishabh Kapoor, ld. counsel submits that the details as directed to be given vide order dated 6th July, 2023 have been provided to Mr. Panda, ld. Counsel for the MCD. Mr. Panda, ld. Counsel, however, seeks further time to submit the affidavit, as the staff is currently unavailable and engaged in G20 event related preparations. Mr. Ramesh Kumar Mishra, ld. Counsel submits that one street vendor whom he represents i.e., Mr. Dineshwar Thakur, could not submit his documents in time.

10. Since Mr. Panda, ld. Counsel has sought further time, it is directed