Pujaris lack individual rights to use temple-owned properties for personal gain as determined by past decrees, emphasizing their role for temple service amidst mandated redevelopment.

Headnote:(A) Administrative Law - Principles of temple administration - Non-compliance of earlier directions by appointed Administrator regarding qualified pandits and recycling of prashad - The Mahant is required to ensure qualified pandits offer services in the temple and follow a uniform dress code. (Paras 13-14)

(B) Temple Redevelopment - Procedures for setting up temporary stalls and constructing boundary walls - Directions for construction of temporary shops and enforcement of costs are upheld; all booth-based activities during redevelopment condoned considering overall benefit to the temple community. (Paras 12-13, 45-46)

(C) Occupation and Rights - Status of Pujaris and baridaars in temple premises - Pujaris have no individual right to residential use of the dharamshalas as per the declaratory decree dated 28.12.1955, which restricts rights to temple use only. (Paras 20-22)

(D) Eviction Orders - Pujaris and unauthorized occupants of dharamshalas - Directions issued for the eviction of unauthorized occupants to facilitate redevelopment. (Paras 43-44) (E) Financial Actions - Misconduct of baridaars concerning funds and compliance with financial directives - Specific accountability imposed for deposits and adherence to financial responsibilities. (Paras 48-50) (F) Emergency Measures - Addressing fire hazards in temple premises - Directions for the installation of fire safety measures and immediate locking of hazardous areas approved. (Paras 5-6) (G) Governance - Participation of Pujaris in redevelopment discussions - Their input in redevelopment plan considered vital, further protecting their interests. (Paras 9-10, 12)

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.

3. At the outset, the Minutes of the Meeting dated 30th May, 2022 submitted by the ld. Administrator has been perused by this Court. The said Minutes deal with various aspects relating to the Kalkaji Mandir. As per the said Minutes, Mahant Shri Surender Nath is stated to be the current baridaar. The said Minutes record that there has been non-compliance of the directions issued by the ld. Administrator in respect of arranging qualified pandits for distributing prasad and providing other services in the bhawan, the pandits following a uniform dress code, as also, non-compliance of directions regarding recycling of prasad. The relevant portion of the Minutes of the Meeting dated 30th May, 2022 is set out below:

"D. Non-compliance of the direction dated 23.05.2022 regarding entry of Pandits only in the Temple

13. In the meeting dated 23.05.2022, the Baridaar, i.e. the Mahant was directed to arrange for qualified Pandits to give prashad and provide other services inside the Bhawan with effect from 30.05.2022. However, the direction has not yet been complied with. The Mahant has sought a review of the decision taken in this regard.

14. An inspection of the Bhawan was carried out by the undersigned and videos/photographs were taken of the persons present inside the Bhawan. The undersigned has reconsidered the request of the Mahant for review of the decision and reiterates the decision taken in the meeting dated 23.05.2022. The reason for reiterating the said decision is that in all Temples and religious places, the services are performed by qualified pandits only and there is no reason to deviate from the well-established universal practice all over the country. It is further directed that the said pandits shall follow a uniform dress code, to be approved by the undersigned. The said decision is to be communicated to the Mahant.

E. Non-compliance of the direction regarding re-cycling of the prashud

15. The direction dated 23.05.2022 to return the prashad (nariyal, chunni and other items) to the devotees to stop re-cycling of the prashad has still not been complied with by the present baridaar i.e. the Mahant

16. The Mahant, has once again been requested to return the prashad to the devotees either inside the Temple, or by at the exit gate of the Mandir, by putting an additional point at the exit gate, with immediate effect. The Mahant assured to do the needful without delay."

4. Mr. Aly Mirza and Mr. Prabhash Chander, ld. Counsel appearing on behalf of the Mahant submit that the Mahant has been adhering to the directions issued by the ld. Administrator and has been rendering complete cooperation to the ld. Administrator. Ld. Counsels submit that insofar as the puja sewa and other rituals being performed are concerned, the practice of the same being conducted by pujaris who are qualified Pandits shall continue. However, insofar as the other voluntary work including distribution of prasad and providing of other services is concerned, the same can be permitted to be performed by the volunteers, so long as they are suited to serve in a Mandir, their credentials are verified in terms of their background and they follow a uniform dress code, for the purposes of identification. This stand of the Mahant is also supported by the ld. Counsels for the Baridaars. Accordingly, this stand is accepted and taken on record. The Mahant to ensure that with this modification, the directions, given by the ld. Administrator, are duly adhered to. Copy of the Minutes of the Meeting dated 30th May, 2022 be supplied to ld. Counsel for the Mahant.

5. Ld. Administrator has also reported that a fire had broken out at the Parikrama (i.e., the rooftop of the Temple) on the midnight of 29th/30th May, 2022. It was reported that the fire took p