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DELHI HIGH COURT
PRATHIBA M.SINGH
Neeta Bhardwaj – Appellant
Versus
Kamlesh Sharma – Respondent
| 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 tena
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 upheld the necessity of lawful eviction of unauthorized occupants to ensure redevelopment while facilitating temporary arrangements for vendors during religious events.
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....
Unauthorized occupation of religious premises is illegal; the Court mandates removal to ensure redevelopement for public safety.
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 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 main legal point established in the judgment is the court's authority to regulate and manage the premises of the Kalkaji Mandir, including the fixation of tehbazari amounts for shops and the appo....
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