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2024 Supreme(Del) 3
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. 57032 of 2023 & 57033 of 2023 CM APPLs.2914 of 2021, 10442 of 2021, 10444 of 2021, 20904 of 2021, 23819 of 2021, 25868 of 2021, 25869 of 2021, 25870 of 2021, 25884 of 2021, 25885 of 2021, 26495 of 2021, 29121 of 2021, 38063 of 2021, 38289 of 2021, 39643 of 2021, 43944-46 of 2021, 3172 of 2022, 3455 of 2022, 5641 of 2022,
Decided On : 12-01-2024
Mr. Arun Birbal & Mr. Varun Gupta, Mr. Sanjay Singh, Advocates for DDA.
Mr. Neeraj Bhardwaj & Mr. Rahul Bhardwaj, Advocates (M- 9350271061)
Mr. Lokesh Bhardwaj, Advocate.(M- 9971576388)
Mr. Akarshan Bhardwaj, Advocate.
Mr. Santosh Kumar Tripathi (standing Counsel)
Ms. Samapika Biswal, Ms. Nidhisha Garg and Mr. Aman Kumar Yadav, Advocates (M: 9406951592).
Mr. Ashok Kumar Bahl and Mr. Rajiv Kumar Thakur, Advocates along with Sh. Kamal Chhabara, AGM and Sh Sanjeet Kumar Dy. Manager for SBI, Tis hazari Delhi (M: 9990781015).
Mr Anuj Chaturvedi, Ms. Richa Dhawan and Mrs Shreya Manjari Advocates (M: 9431643312).
Mr. Goonmeet Singh Chauhan, Architect.
Mr. Rishabh Kapur, Advocate (M: 7042181838)
Mr. Febin Mathew Varghese & Mr. Dhiraj Abraham Philip, Advocates (M: 9953418874)
Mr. Kush Bhardwaj, Advocate (M:9891074686)
Mr. Udit Malik, Addl. Standing Counsel with Mr. Vishal Chanda, Advocates for GNCTD (M: 9999975448)
Mr Rishikesh Kr (ASC-GNCTD) with Ms Sheenu Priya, Mr Atik Gill, Mr Sudhir, Mr Sudhir Shukla, Advocates (M: 9911483629)
Dr. P. N. Mishra and Mr. Anjani Kumar Mishra, Advocates (M: 9213145580)
Mr. Tanay Hari Lal, Advocate.
Ms. Himanshi Kaushik, Architect.
Mr. Sarvesh Bhardwaj, Advocate.
Mr. Lakshay Bhardwaj, Mr. Kamal Kumar, Mr. Aashish Bhardwaj & Mr. Satish Pandey, Advocates.
IMPORTANT POINT
The central legal point established in the judgment is the court's emphasis on compliance with previous orders, timely completion of tasks, and consultation with stakeholders in redevelopment matters.
Headnote:
Kalkaji Mandir - Redevelopment - Order 22nd December, 2023 - [31, 32, 33, 34] - The court discussed the approval of plans, preparation of contour plans, finalization of oversight committee, and report regarding approval from the Ridge Management Board for the redevelopment of Kalkaji Mandir. The court emphasized the need to secure the land of the Mandir and complete the erection of metal barricading of the boundary wall. It also directed the finalization of consultants and the Project Management Contractor/Consultant (PMC) within a specified time frame.
Fact of the Case:
The court heard matters related to the Kalkaji Mandir, including the submission of a report and demarcation map, finalization of consultants, oversight committee, and redevelopment plan.
Finding of the Court:
The court directed the completion of demarcation and erection of metal barricading, finalization of consultants and PMC, and obtaining approvals for the redevelopment plan. It also addressed the constitution of the oversight committee and the demolition of chabutras.
Issues: Demarcation, Erection of Metal Barricading, Finalization of Consultants and PMC, Obtaining Approvals, Oversight Committee Constitution, Demolition of Chabutras, DDA Compliance
Ratio Decidendi: The court emphasized the need for compliance with previous orders, timely completion of tasks, and consultation with stakeholders in the constitution of the oversight committee.
Final Decision: The court directed the parties to comply with the specified timelines and procedures, with further hearings scheduled for specific matters.
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.
3. Today, the ld. Administrator has handed over a compilation of documents running into 38 pages which is a report filed in accordance to the order dated 22nd December, 2023. The relevant portion of the said order is set out below:
31. The above plans are accordingly approved. Going forward, let the consultants be finalised by the ld. Administrator along with the two architects and other stakeholders.
32. The contour plans shall now be prepared and the team to oversee the development of Mandir shall also be finalised by ld. Administrator in consultation with the two architects. While implementing the redevelopment plan it shall be ensured that any trees which are already in the precincts would not be disturbed.
33. Let the layout plan submitted by the ld. Architect be forwarded by ld. Administrator to the Town Planning Department of the MCD. The officials of the MCD shall hold joint meeting with the architects and the ld. Administrator so that the first portion of the landscaping can be commenced and the process of getting approvals for the redevelopment of the Shri Kalkaji Mandir can commence. The MCD shall also inform the Architect if any approval is required from the Ridge Management Board, Delhi.
34. Let a report in this regard be placed before the Court on 12th January, 2024. The redevelopment plan shall also be forwarded to the Department of Delhi Fire Services at the appropriate stage.
4. A perusal of the aforesaid shows that the report was to be filed in accordance to the following directions:
i. Finalisation of Consultants (structural, landscape, MEP, environment and traffic);
ii. Preparation of the Contour plans;
iii. Finalisation of the Oversight/Supervisory Committee for the Development of Kalkaji Mandir;
iv. Report regarding approval from the Ridge Management Board.
Demarcation
5. The following are the persons present today in the Court:
1. Mr. J.B. Kapil, SDM
2. Mr. Mukesh Sharma, Tehsildaar
3. Mr. Amit Yadav, Kanungo
4. Mr. Ramphal Verma, Patwari
5. Mr. Prakash Singh, Surveyor
6. They have handed over today the demarcation map which is stated to be in terms of order dated 4th December, 2023. Vide the said order the Tehsildar along with other officials and demarcation agency was directed to submit the final demarcation map on the basis of the available records. The said demarcation map has also been handed over to Mr. Birbal, ld. Counsel for the DDA. Let a written report be placed on record by the office of the SDM in consultation with the other authorities as to the manner in which this demarcation has been prepared.
7. A copy of this demarcation map has been handed over to both the Architects i.e. Mr. Chauhan and Ms. Kaushik, who is the architect for the baaridars. Baridaars are also aware of the said demarcation. The committee consisting of various pujaris have been attending the meetings in respect of the demarcation which was continuously being undertaken. Except the Mahant Surender Nath, who is represented by the ld. Counsel, Dr. P.N. Mishra, there is no objection which has been raised in today's hearing from any side in respect of the demarcation report. Mr. Jain submits that unless he has a copy of the demarcation report, he is unable to make a submission as to whether his client has any objection or not.
8. Mr. Chauhan submits that the demarcation map appears to be based on the present possession of the Mandir. He wishes to examine the same.
9. In any event, considering that the land of the Mandir is to be secured in terms of the previous orders dated 4th December, 2023. Let the erection of metal barricading of the boundary wall wherever it has not been completed, be now completed under the supervision of the Architect as also the ld. Administrator, in terms of the demarcation map handed over today.
10. The Archi
