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DELHI HIGH COURT
PRATHIBA M.SINGH
Neeta Bhardwaj – Appellant
Versus
Kamlesh Sharma – Respondent
| Table of Content |
|---|
| 1. unauthorized occupation of religious premises must be vacated. (Para 4 , 5 , 6 , 8 , 9) |
| 2. provision of alternative accommodation for evicted jhuggi dwellers. (Para 10 , 11 , 12 , 19) |
| 3. public interest considerations in mandir redevelopment. (Para 14 , 15 , 16) |
| 4. redevelopment process involves temporary facilities for shopkeepers. (Para 17 , 18) |
JUDGMENT
Prathiba M. Singh, J. (Oral)--This hearing has been done through hybrid mode.
2. 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, 26495/2021, 29121/2021, 25885/2021, 43944-46/2021, 3172/2022, 3455/2022, 5641/2022, 5642/2022, 38063/2021, 38289/2021, 39643/2021, 5803/2022, 5865/2022, 7745-46/2022
3. Pursuant to the previous order dated 2nd March, 2022, Mr. Manish Gupta, Vice Chairman, DDA, Ms. Garima Gupta, CEO, DUSIB, Ms. Esha Pandey, DCP, South East Delhi, and Mr. Gyanesh Bharti, Commissioner, South Delhi Municipal Corporation have all joined the proceedings.
4. The redevelopment of the Kalkaji Mandir premises is to take place, however this Court's interaction with the ld. Administrator as also the A
Unauthorized occupation of religious premises is illegal; the Court mandates removal to ensure redevelopement for public safety.
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 ruled on the necessity of redevelopment of temple premises while ensuring the rights of pujaris and addressing grievances of unauthorized occupants.
The court established that unlawful occupants of public premises must be evicted for safety during religious gatherings, ensuring proper relocation options are provided yet not favoring unauthorized ....
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.
The central legal point established in the judgment is the necessity of accommodating the interests of pujaris and baridaars in the redevelopment process and ensuring their active participation.
The court emphasized the importance of balancing the rights of encroachers with the rights of devotees and upheld the need for compliance with court directions.
Court upheld the importance of managing and redeveloping temple premises while balancing the interests of stakeholders involved, ensuring proper representation and administration of the site.
Eviction of unauthorized occupants from temple premises is upheld while ensuring rehabilitation under specific schemes, and rights of female heirs to offerings and puja sewa require future adjudicati....
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