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DELHI HIGH COURT
PRATHIBA M.SINGH
Neeta Bhardwaj – Appellant
Versus
Kamlesh Sharma – Respondent
| Table of Content |
|---|
| 1. court's authority and ongoing matter context. (Para 2 , 3) |
| 2. supreme court proceedings relevant to dharamshala occupants. (Para 4 , 5 , 6) |
| 3. eviction directions for illegal occupants. (Para 7 , 9) |
| 4. administrator's role in securing possession. (Para 10 , 11 , 18) |
| 5. construction and funding of temporary shops. (Para 15 , 16 , 17) |
| 6. demarcation responsibilities. (Para 19 , 20) |
| 7. thebazari arrangements for temporary selling spaces. (Para 21 , 22 , 23) |
| 8. tds issues and administrative responsibilities. (Para 24 , 25) |
| 9. future considerations and scheduling. (Para 26 , 34) |
| 10. redevelopment plan considerations and submissions. (Para 27 , 28 , 30 , 31 , 32 , 33) |
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. Vide order dated 1st June, 2022, after hearing the ld. Counsels for the pujaris and dharamshala occupants, this Court had directed the dharamshala occupants and all the pujaris who are occupying the dharamshalas to vacate the Kalkaji Mandir pre
The court ruled on the necessity of redevelopment of temple premises while ensuring the rights of pujaris and addressing grievances of unauthorized occupants.
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.
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.
Court ensures participatory redevelopment process for community stakeholders while directing eviction of unauthorized occupants and considering rehabilitation under public housing schemes.
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.
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....
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.
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.
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