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 adjudication.

Headnote:(A) Delhi Slum & JJ Rehabilitation and Relocation Policy, 2015 - Unauthorized occupation of Kalkaji Mandir premises - Eviction of unauthorized occupants from Jhuggis and Dharamshalas is upheld with provisions for rehabilitation under JNNURM scheme - Temporary arrangements provided until redevelopment is effectuated. (Paras 3-5, 6-10)

(B) Rights of female heirs - Court reiterates previously established rights of female heirs to share in offerings and participation in puja sewa - Claims examined in light of customs and traditions - Status of female heirs requires further adjudication. (Paras 28-34)

Facts of the case:
The matter involves unauthorized occupants in the Kalkaji Mandir area, directing their eviction for redevelopment, with temporary rehabilitation options for economically weaker sections, while also addressing claims of female heirs connected to temple offerings and puja rights.

Findings of Court:
Eviction orders issued for unauthorized occupants to clear premises for redevelopment; established rights of female heirs recognized but subject to further judicial determination.

Issues: The main issues include the legitimacy of claims by unauthorized occupants for rehabilitation and the entitlements of female heirs to offerings and puja rights.

Ratio Decidendi: The court ruled that unauthorized occupants of Kalkaji Mandir need to vacate for redevelopment, while also holding that the rights of female heirs are established but necessitate detailed examination based on customs.

Result: Orders directed for immediate eviction, along with recognition of female heirs' claims, requiring further proceedings.

JUDGMENT

Prathiba M. Singh, J. (Oral)--This hearing has been done through hybrid mode.

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

Unauthorized Occupants of Jhuggis and Dharamshalas

3. Further to the previous order dated 7th March, 2022, a meeting has been held between the officials of DDA, DUSIB, SDMC and the DCP, South East Delhi, along with their respective counsels. Further to the said meeting held on 11th March, 2022 in the office of the Vice Chairman, DDA, a report has been filed. As per the said report:

(i) There are 42 jhuggis still in occupation in the Kalkaji Mandir premises, which are occupied by 142 persons.

(ii) Insofar as Dharamshalas are concerned, there are a total of 46 occupants both inside and outside the Dharamshalas.

4. As already elaborated upon in the previous orders, all these occupants are unauthorized occupants and are liable to be evicted from the Kalkaji Mandir premises in order for the redevelopment to take place.

5. Considering that all the occupants may not have adequate financial means, a proposal was directed to be placed on record for further directions as to the manner in which the said persons could be rehabilitated. The proposal which has been placed before the Court is as under:

(i) The jhuggis of the Kalkaji Mandir premises, as per the revenue record, are located on a private land. Therefore, strictly speaking, the people living in said jhuggis are not entitled to rehabilitation under the Delhi Slum & JJ Rehabilitation and Relocation Policy, 2015.

(ii) That as directed in the previous order dated 7th March, 2022, since the purpose for which the land has been used is a public purpose i.e., for the deity of the Kalkaji Mandir and in the larger public interest, as an exceptional situation and under directions of the Court, certain proposals have been made set out, as below.

(a) EWS flats under the Jawaharlal Nehru National Urban Renewal Mission (hereinafter "JNNURM") scheme may be provided to the `urban poor' on a rental basis, however, rehabilitation permanently would not be permissible under the said scheme as per the current policy of the Central Government.

(b) DDA is willing to make available EWS and LIG flats in Narela, the cost of which is between Rs.10.75 lakhs to 12.05 lakhs for EWS category and Rs.18 lakhs to Rs.22 lakhs for LIG category.

(iii) In case none of these options are acceptable to the occupants, DUSIB may provide the occupants temporary night shelters/rain basera until they make their own alternative arrangements.

6. This Court has perused the report that has been placed on record jointly by the DDA, SDMC, DUSIB and other officials including the counsels appearing for them. Keeping in mind the contents of the report, this Court is of the opinion that at best there may be 40 families occupying the Jhuggis and Dharamshalas who may not have adequate means and who need some compassionate consideration. However, these occupants have been in occupation of these unauthorized tenaments for the last several years in a prime area in South Delhi. Thus, no exception of free accommodation can be given to them, however, in view of the fact that the Court has taken a compassionate view considering the financial standing of the occupants, it is directed as under:

(i) The ld. Administrator would meet one representative from each of the families of the current occupants as mentioned above, of Jhuggis and Dharamshalas on 19th and 21st March, 2022.

(ii) An option would be given to the said occupants to move into a tenement under the JNNURM scheme where a flat shall be allotted to them by DUSIB. The said occupants may opt for such rental accommodation upon payment of a sum of Rs.5,000/- per month as the rental amount. The options of the flats available under JNNURM shall be given by Ms. Mini Pushkarna, ld. counsel for DUSIB, to the ld. Administrator to enable him to interact with the occupants.

(