The court affirmed its jurisdiction to comprehensively address management issues of a religious institution, emphasizing necessary actions against unauthorized occupants and ensuring compliance with its directions.

JUDGMENT

Prathiba M. Singh, J. (Oral)--This hearing has been done in physical Court. Hybrid mode is permitted in cases where permission is being sought from the Court.

2. These matters pertain to the Kalkaji Mandir, which this Court has been hearing from time to time. These are part heard matters.

3. Vide last order dated 15th November 2021, various directions were issued to the Delhi Police, SDMC, the ld. Administrator appointed by this Court, DUSIB, Delhi Jal Board as well as some of the baridaars.

Misconduct on the part of baridaars

4. As captured in paragraph 19 and 20 of the last order dated 15th November 2021, Mr. Nakul Bhardwaj and Mr. Lokesh Bhardwaj are two individuals, who according to the interim report of the ld. Administrator dated 26th October 2020, have impeded, and obstructed the implementation of the directions passed by this Court. Accordingly, notice was issued to these two persons, and they were directed to be personally present in Court.

5. Today, Mr. Nakul Bhardwaj and Mr. Lokesh Bhardwaj are present in Court. Mr. Rakesh Tikkoo, ld. Senior Counsel, appearing on behalf of Mr. Lokesh Bhardwaj, submits that Mr. Lokesh Bhardwaj is an advocate whose family is also part of the baridaars of the Kalkaji Mandir. He submits that he does not have a copy of the ld. Administrator's report.

6. Vide the last order, the ld. Administrator's report was directed to be made available to all parties appearing in these matters. Be that as it may, both Mr. Lokesh Bhardwaj and Mr. Nakul Bhardwaj may obtain a copy of the ld. Administrator's report from the Registry, and shall specifically respond to the contents of the said report in paragraphs 31-37, which relate to them. Let an affidavit responding to the said contents be filed within two weeks.

Unauthorized encroachment by the shopkeepers and removal of encroachments and unauthorized construction

7. Vide the last order, this Court had clearly held that none of the shopkeepers, who are in illegal occupation of Mandir premises, can remain in possession. The shopkeepers or their families also cannot reside in the Mandir complex. The same is impermissible and is nothing but unauthorized encroachment and trespass into the Mandir's premises. Accordingly, the following direction was passed:

"14. Accordingly, the ld. Administrator, with the cooperation of the Delhi Police and the SDMC, is permitted to take action for removal of all the unauthorized encroachers including their residences within the Kalkaji Mandir premises. For the said purpose, if any of the shopkeepers and illegal residents in the Mandir premises are entitled to alternate accommodation, the DUSIB may consider their request and provide alternate premises on humanitarian grounds. However, it is made clear that the pendency of any application for alternate accommodation before DUSIB shall not come in the way of the removal of encroachers and trespassers from the Mandir premises."

8. Today, Ms. Samapika Biswal, ld. Counsel appearing on behalf of the ld. Administrator submits that the direction is being complied with and as a result, encroachments by 31 shopkeepers have been already removed from the Mandir premises.

9. In respect of this issue, impleadment applications bearing CM Appl. No. 43944/2021 has been filed by 68 shopkeepers