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 occupation.

Headnote:(A) Law on Eviction and Rehabilitation - Relevant reports and orders were cited, including the previous order dated 15th March 2022, concerning the eviction of unauthorized occupants from Kalkaji Mandir premises. (Paras 3-24)

(B) Administrative Powers - The court emphasized the responsibility of the Administrator and police for the evictions while considering the occupants' needs. (Paras 3-7)

(C) Public Safety - The necessity for the eviction was framed around enhancing the safety and security for devotees during the Navratra period. (Paras 5-6)

(D) Compassionate Consideration - The court expressed compassion toward approximately 40 families lacking means, yet maintained that unauthorized occupation cannot be continued indefinitely. (Paras 3-4)

Facts of the case:
The court addressed the ongoing occupation of Jhuggis and Dharamshalas at Kalkaji Mandir by unauthorized occupants and the options presented for their relocation under the JNNURM scheme or DDA flats.

Findings of Court:
The eviction of unauthorized occupants was deemed necessary, particularly with upcoming religious festivities, underlining public safety concerns.

Issues: The court primarily addressed the viability and public safety implications of relocating unauthorized occupants from largely unregulated occupancy during high-traffic religious periods.

Ratio Decidendi: The court ruled that the administrative body must ensure timely and effective eviction to secure public safety during heavy public gatherings, underscoring the urgent need for adherence to legal eviction protocols.

Result: Eviction of unauthorized occupants from Jahuggis and Dharamshalas ordered to commence by 24th March 2022.

Table of Content
1. compassionate consideration for unauthorized occupants (Para 3)
2. eviction process and options for occupants (Para 4 , 5 , 10 , 11)
3. implementation of eviction under police supervision (Para 6 , 7 , 8)
4. temporary structures and obligations of the djb (Para 18 , 19)
5. compliance and enforcement of court orders (Para 20 , 21 , 22 , 23)

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.

Eviction of Occupants from the Kalkaji Mandir Premises

3. Vide the previous order dated 15th March, 2022, this Court had passed the following directions:

"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.

(iii) Those families who wish to purchase a flat from the DDA, subject to the satisfaction of eligibility criteria, shall be allotted either an EWS or LIG flat, upon them exercising the option. The said flat shall be allotted by the DDA to the party opting for the same, as may be confirmed by the ld. Administrator. The said party shall then file all of the documents and deposit the consideration amount. After deposit of the consideration, the flat shall be allotted within four weeks.

(iv) For those occupants who do not wish to exercise the option of either (ii) or (iii) above, they shall remove all their belongings by Wednesday, i.e., 23rd March, 2022. On 24th and 25th March, 2022, all the occupants of Jhuggis and Dharamshalas in the premises of the Kalkaji Mandir shall be evicted.

(v) The DCP, South-East District, Delhi and the SHO, Kalkaji shall provide the necessary force for eviction of the occupants of the Jhuggis and Dharamshalas and any other unauthorized occupants, vendors etc., in the Kalkaji Mandir premises. The same shall be supervised by the ld. Administrator and his team. The officials of DUSIB, DDA and the SDMC shall remain present during the eviction so that they can give cooperation to the police as also to the ld. Administrator."

4. Pursuant to the said directions, the ld. Administrator has today placed on record a report stating that a public notice was issued and affixed at various places in the premises of the Kalkaji Mandir. By the said notice, all the unauthorized occupants of jhuggis and occupants of dharamshalas were given three options as contained in the order dated 15th March, 2022, i.e., for either taking up flats on rent from DUSIB, for applying to DDA for purchase of EWG flats or to move to rain baseras. On behalf of the ld. Administrator, it is submitted that meetings were held with some of the occupants, all of who