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DELHI HIGH COURT
PRATHIBA M.SINGH
Neeta Bhardwaj – Appellant
Versus
Kamlesh Sharma – Respondent
| Table of Content |
|---|
| 1. clarification of parties involved in litigation. (Para 2 , 3) |
| 2. removal of unauthorized occupation in mandir. (Para 4 , 5 , 8) |
| 3. shopkeepers' request for extension denied. (Para 6 , 7) |
| 4. plans for re-development of the mandir. (Para 10 , 11 , 12 , 13 , 16 , 17) |
| 5. final orders and scheduling of next hearings. (Para 18 , 19 , 20 , 21 , 23 , 24 , 27 , 28) |
| 6. rights of adopted children and women in puja sewa. (Para 25 , 26) |
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
CM (M) 575/2021 & CM APPL. 43796/2021
CONT.CAS(C) 614/2021
3. At the outset, Mr. Neeraj Bhardwaj, ld. Counsel for the Plaintiff in CS(OS) 556/
The court affirms its jurisdiction in overseeing compliance with administrative directives regarding unauthorized occupation and emphasizes structured redevelopment for community benefit.
Timely vacating of premises for re-development is crucial to facilitate the cleaning and re-development of the Mandir premises.
The court underscored the importance of cooperative redevelopment involving community contributions for timely management and safety of the temple premises.
The central legal point established is the court's authority to direct stakeholder contributions, fund management, and compliance with redevelopment directives.
Court emphasized the authority of the Administrator in managing religious premises, focusing on the removal of unauthorized occupants and the proper structuring of redevelopment plans.
Unauthorized occupation of religious premises is illegal; the Court mandates removal to ensure redevelopement for public safety.
The court ruled on the necessity of redevelopment of temple premises while ensuring the rights of pujaris and addressing grievances of unauthorized occupants.
Applicants are directed to send their representations to the DDA and DUSIB collectively, so that a decision can be taken in this regard by the said authorities.
The court affirmed its jurisdiction to comprehensively address management issues of a religious institution, emphasizing necessary actions against unauthorized occupants and ensuring compliance with ....
The main legal point established in the judgment is the court's authority to order the eviction of unauthorized occupants and the allocation of temporary spaces for commercial activities in the Kalka....
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