Unauthorized encroachment on temple premises is impermissible, mandating removal and establishment of safety measures for public devotees.

Headnote:(A) Civil Procedure - Management and Administration of Temples - Encroachment on temple premises - Directions issued for removal of unauthorized shops in Kalkaji Mandir complex, where compliance of Court orders was delayed - 107 unauthorized shops sealed - Establishment of health and sanitation facilities mandated - Adequate police personnel to ensure safety during Navratra and public gatherings required - Procedures for dealing with misconduct and unauthorized occupation elaborated. (Paras 4, 9, 12, 14)

(B) Accountability and Compliance - Parties assessed for compliance and lack of legal backing for encroachments on temple lands emphasized - Importance of cooperation between civic and law enforcement authorities stressed for orderly management of temple visits articulated. (Paras 19, 37)

Facts of the case:
The case arises concerning unauthorized encroachment by various shopkeepers within the Kalkaji Mandir complex and the resultant Court intervention aimed at restoring order and compliance with regulations concerning the management of the temple premises.

Findings of Court:
The Administrator, with police support, ordered removal of encroachments, ensuring that proper systems for public safety are established during peak visitation periods.

Issues: The main questions pertained to the legality of shopkeepers' claims and the effectiveness of municipal and police enforcement.

Ratio Decidendi: The court ruled that unauthorized encroachers cannot remain in possession of the temple grounds, stating any actions to remove them must proceed, with allowances for proper health and safety measures during religious observances.

Result: Directions for removal of encroachments issued.

Table of Content
1. court's monitoring of encroachment management (Para 2 , 3 , 4 , 5)
2. concerns raised about police treatment of devotees (Para 6 , 7 , 8)
3. directions for ensuring safety and order at mandir (Para 9 , 14)
4. illegal occupancy and encroachment by shopkeepers (Para 12 , 13)
5. misconduct allegations against baridaars (Para 19)
6. need for basic amenities for devotees (Para 21 , 22 , 23 , 28 , 29 , 30)
7. establishment of dedicated redevelopment fund (Para 32 , 33 , 34)
8. fire safety audit mandated for mandir premises (Para 37 , 38)
9. pending cases to be consolidated in future hearing (Para 40 , 41 , 48)

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.

3. On the last date i.e., 27th October 2021, it was submitted by Mr. Vipin Bharadwaj, one of the baridaars, that the police are not providing complete cooperation for the removal of encroachments and the management of devotees for darshan in accordance with the order of this Court dated 27th September 2021. Accordingly, this Court had directed Mr. Sanjay Lao, Standing Counsel (Criminal) for GNCTD, to obtain instructions and file a status report in respect thereof.

4. Today, Mr. Sanjay Lao has appeared virtually, along with Sub-Inspector Mannu Dev from PS Kalkaji, and has presented a status report to the Court. The status report reads as under:

"That in compliance of the Hon'ble Court order dated 08.09.2021 passed in the above noted FAO, joint inspection of the Kalkaji temple complex was conducted by the official of the SDMC and Delhi Police and a detailed report of the same was submitted before this hon'ble court.

Further, in compliance of hon'ble court orders dated 27.9.21, sufficient police force was deployed to assist the SDMC official and Ld. Administrator appointed by hon'ble high court for removal of encroachment in mandir complex. Ld. Administrator conducted physical inspection of mandir premises with police and civic authorities and also held meeting with all baaridars and representatives of shop keepers on 29.9.21 after that sealing of unauthorized shops in the premises was started and total 107 shops were sealed during drive. Due to Adequate police arrangement no Law & Order situation was emerged and whole sealing process was completed peacefully.

During Navratras, this time the temple opened for general public after a gap of one and half year due to COVID pandemic so the devotees came in much large number and with more enthusiasm to pay their obeisance to the revered deity. Moreover, this time the added dimension to the challenging task was sealing of shops in temple complex, closure of one important route for devotees and issues related to unwillingness of pujaris and Baaridars to follow the directions of administrator appointed by hon'ble Delhi high court. Despite all above facts, proper law & order as well as implementation of COVID guidelines was conducted during Navratra arrangement successfully by the police under the supervisions of Ld. Administrator.

Staff of 10 Policemen from police station Kalkaji always remain present in the temple to ensure proper management of devotees and provide police assistance in case of any need. Besides it, Extra staff is deployed including paramilitary force during days of heave footfall like weekends. Regular meetings are held with the baaridars, Pujaris & Mandir committee to ensure proper co-ordination.

Police force is always available to provide assistance as & when required by the Civic authorities or Ld. Administrator for Kalkaji temple. Undersigned is duty bound and willing to abide by any directions passed by this hon'ble court or by Ld. Administrator appointed by hon'ble court into the matter."

5. Mr. Lao, submits that as per the status report, all action required to maintain the law and order in the Mandir premises are being taken, and a sufficient number of personnel