The court underscored the importance of cooperative redevelopment involving community contributions for timely management and safety of the temple premises.

Headnote:(A) Relevant Laws and Sections: None specifically cited in the excerpt.

(B) Legal Principles: The court emphasized the necessity for timely redevelopment and administration of the temple premises based on community discussions and contributions.

(C)

Facts of the case:
The case involves matters related to Kalkaji Mandir and recommendations made by the Administrator regarding redevelopment and management.

(D)

Issues: The main issues addressed include the recommendations for redevelopment contributions by baridaars and shopkeepers, and measures for removing unauthorized occupants. (E)

Findings of Court:
The court noted that the report provided detailed recommendations which required implementation for reconstruction and management. (F)

Ratio Decidendi: The court recognized the urgency of re-establishing developmental activities while accommodating the contributions from various stakeholders like shopkeepers. (G)

Result: The matters were adjourned with directions for further reports and actions on the redevelopment fund and occupation issues, with an upcoming hearing scheduled.

JUDGMENT

Prathiba M. Singh, J. (Oral)--This hearing has been done by video conferencing.

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

CM (M) 575/2021 & CM APPL. 43796/2021

CONT.CAS(C) 614/2021

3. In terms of order dated 21st December, 2021, the report of the Ld. Administrator has been received. The same is detailed in nature. By way of the said report, the ld. Administrator has submitted his recommendations, after discussions with the baridaars, the shopkeepers, as also the various governmental authorities. Mr. Goonmeet Singh Chauhan, the architect and his team have also been involved in the said deliberations. The broad recommendations of the ld. Administrator have been given in paragraph 65 of the report, which has been extracted below:

"65. The directions being sought from this Hon'ble High Court are being summarized herein below:

(i) Pursuant to the meeting with the civic agencies of 07.01.2022, a letter dated 07.01.2022 has been issued to DDA inter alia seeking their no-objection, which is presently pending. Accordingly, this Hon'ble High Court may also be pleased to direct the DDA to permit this temporary construction upon such terms and conditions that this Hon'ble Court may deem fit.

(ii) The Baridaars have submitted that they are willing to contribute to the re-development of the Mandir premises on the basis of the estimate submitted by the Ld. Architect. They have further submitted that the said contribution should be fixed as a monthly amount to be collected from each Bari as determined by this Hon'ble High Court. Accordingly, this Hon'ble Court may direct the Baridaars to contribute Rs. 5 lakhs every month for a period of 1 year or Rs. 60 lakhs as one- time payment for the creation of the temporary shops/kiosks at the 33 Mandir premises, as also directed in order dated 21.12.2021 of this Hon'ble High Court. Additionally, it was also brought to the notice of the undersigned that the shopkeepers had deposited sums in various Courts and the Pujaris have not accepted the said amounts since they disputed the rights of the shopkeepers. These sums can be used for the management of the Temple and construction of the temporary shops/kiosks.

(iii) With respect to the tehbazari for the temporary shops/kiosks, Rs. 5 lakhs per month for a temporary shop in the Ram Piyao Site and Rs. 1 lakh per month for a temporary shop in the Market Way Passage may accordingly be fixed as tehbazari for the temporary shops at the respective sites or as may be ordered by this Hon'ble Court. Additionally, Rs. 15,000/- per month may be used as a yardstick for determining the price for the kiosks subject to bidding.

(iv) As the undertakings that have been submitted are in the process of scrutiny and verification, a final list with the names and details of the shopkeepers who are eligible to be allotted the temporary shops and kiosks at the concerned Sites may be submitted to the Hon'ble High Court. 34 In the interim period, relevant contractors may be engaged to begin the creation of the temporary structures at the Kalkaji Mandir premises subject to collection of the security deposit from the confirmed applicants, Baridaar contribution and amounts offered to be deposited by shopkeepers towards tehbazari in district courts.

(v) Mr. Radhey Shyam, Shopkeeper of Shop No. 1 named `Kalkamai Ke Prasad Ki Kadami Dukan' has not removed his articles and belongings from the said shop which is adjacent to the Bhawan of the Mandir. The Hon'ble High Court may also be pleased to pass appropriate directions to Mr. Radhey Shyam, Shopkeeper of Shop No. 1 named `Kalkamai