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IN THE HIGH COURT OF DELHI
Prathiba M. Singh, J.
Neeta Bhardwaj - Appellant
Versus
Kamlesh Sharma - Respondent
FAO 36 of 2021 & 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, 4394
Decided On : 09-12-2021




Unauthorized occupants of temple premises must vacate by a fixed deadline, ensuring administrative authority in property management and redevelopment.

Headnote:(A) No specific law or statutory provision explicitly cited in the judgment - Recovery of unauthorized occupants from Mandir premises - Court upheld administration's authority to remove occupants, directing them to vacate by 25th December 2021. (Paras 5, 10, 11, 18, 24)

(B) Possession and unauthorized occupation - Court emphasized importance of vacating premises, including residential setups, to allow for redevelopment. (Paras 10, 11, 24)

Facts of the case:
The judgment addresses the unauthorized occupation of shopkeepers and residents within the Kalkaji Mandir premises, specifying that all unauthorized occupants must vacate by 25th December 2021, detailing directives for the administrator in managing the premises. (Paras 5, 10)

Findings of Court:
The court accepted the undertakings of various shopkeepers and residents to vacate, making it clear there would be no extension for vacating residences, highlighting long-term unauthorized occupation as a significant concern. (Paras 11, 24)

Issues: The main issues were the authority of the administration to remove unauthorized occupants and the adherence to the vacating timeline set by the court. (Paras 5, 11)

Ratio Decidendi: The court found that long-standing unauthorized occupation warranted strict adherence to the commitment to vacate, as underscored by the strong administrative framework established for redevelopment and management of the temple premises. (Paras 11, 24)

Result: All occupants were ordered to vacate by 25th December 2021.

Table of Content
1. hearing procedure and physical court observations (Para 1 , 2)
2. discharge of counsel in ongoing cases (Para 3 , 4)
3. vacating unauthorized occupants from mandir premises (Para 5 , 6 , 7 , 8 , 9)
4. shopkeepers' undertakings regarding vacating their spaces (Para 10 , 11 , 12 , 13)
5. planning for temporary shops and fee arrangements (Para 14 , 15 , 16)
6. court orders regarding residency and alternate accommodation (Para 17 , 18 , 19 , 20)
7. considerations of long-term unauthorized occupancy (Para 21 , 22 , 23 , 24)
8. court's endorsement of provided undertakings (Para 25 , 26 , 27)
9. conclusion on cases based on prior decisions (Para 28 , 29 , 30)
10. further disposition of additional suits linked to fao 36/2021 (Para 31 , 32 , 33 , 34)
11. final claims and court instructions concerning remaining cases (Para 35 , 36 , 37)
12. determination of future court hearing and procedural matters (Para 38 , 39 , 40)

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.

FAO 36/2021 & CM APPLs. 2914/2021, 10442/2021, 10444/2021, 20904/2021, 23819/2021, 25868/2021, 25869/2021, 25870/2021, 25884/2021, 25885/2021, 26495/2021, 29121/2021, 38063/2021, 38289/2021, 39643/2021, 43944/2021, 43945/2021 & 43946/2021

CM (M) 323/2021 & CM APPLs. 14178/2021, 20945/2021, 20949/2021, 40269/2021, 44264/2021, REVIEW PET. 103/2021

CM (M) 575/2021 & CM APPLs. 29013/2021, 29014/2021, 43796/2021, 43797/2021

CONT.CAS(C) 614/2021

3. CM APPL. 44264/2021 is moved by Mr. Subrat Deb, ld. Counsel, seeking discharge in CM (M) 575/2021. He submits that he used to represent Respondent No. 1- Mr. Mahender Kumar Pandey, who is now represented by Mr. Anuroop P.S., ld. Counsel. In view of this, ld. Counsel for Respondent No.1 is discharged. CM APPL. 44264/2021 is disposed of in these terms.

4. In these matters, Mr. Nitin Jain, ld. Counsel, at the outset, submits that he would be withdrawing his vakalatnama in respect of Mr. Hemant Raj, Ms. Suman Shahi and Ms. Asha @ Chunnu, wife of Chunnu Singh. He submits that Mr. Hemant Raj is already represented by Mr. Bhushan, ld. Counsel in these matters. Ordered accordingly.

5. Vide the last order dated 7th December 2021, this Court had observed and directed as under:

    13. This Court is of the opinion that insofar as the shopkeepers who have made their residences and are in unauthorised occupation of shops, are concerned, all the residents of the shops and within the Mandir premises including the Dharamshala have to be vacated. It is also made clear that for vacation of the shops and of unauthorized occupants from the Mandir premises, the Id. Administrator shall continue to take action as per the previous orders of this Court, with effect from 10th December, 2021 onwards. In the meantime, insofar as the three shopkeepers namely- Ms. Saraswati, Mr. Vinod Kumar Sharma and Mr. Gyan Sunder Sharma, represented by Mr. Bhushan, are concerned, considering that Mr. Bhushan has submitted that they are willing to give undertakings to the court that they will vacate their residences in the Dharamshala premises, they are given time till 25th December, 2021 to vacate the said premises and the spaces unauthorizedly occupied in the Dharamshala. The undertaking to this effect shall be presented to the Court on 9th December, 2021 at 2:30 P.M. for further orders.

    14. Mr. Jain and Mr. Diwan to also seek instructions from their clients by the said date, and file their undertakings, if agreeable, as to whether the said shopkeepers are willing to vacate the said premises.

    15. This court intends to request the architect who was appointed vide order dated 27th September 2021 - Mr. Gurmeet Singh Chauhan, to inspect and survey the entire premises of the Kalkaji Mandir and suggest an alternate place wher

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