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IN THE HIGH COURT OF DELHI
Prathiba M. Singh, J.
Neeta Bhardwaj - Appellant
Versus
Kamlesh Sharma - Respondent
FAO 36 of 2021 & CM Appls. 2914 of 2021, 10442 of 2021, 10444 of 2021, 20904 of 2021, 23819 of 2021, 25868 of 2021, 25869 of 2021, 25870 of 2021, 25884 of 2021, 25885 of 2021, 26495 of 2021, 29121 of 2021, 38063 of 2021, 38289 of 2021, 39643 of 2021, 4394
Decided On : 09-09-2022




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.

Headnote:(A) No specific laws or sections are cited in the judgment.

(B) The court emphasized the importance of proper management and administration of the temple premises for the devotees' interest.

(C) Facts of the case include the court overseeing the redevelopment of the temple due to commercialization and lack of amenities.

(D) The main issues addressed include the effective management of redevelopment, rights of various stakeholders, and encroachment issues. (E) The court's reasoning involves recognizing the necessity of redevelopment and cooperative engagement among stakeholders. (F) The court determined to facilitate ongoing redevelopment while managing conflicting interests among baridaars, pujaris, and administrators. (G) Parties involved include an appellant and a respondent regarding the management of the temple premises. (H) No dissenting opinions are present.

Table of Content
1. overview of matters concerning kalkaji mandir. (Para 2 , 3 , 4 , 5 , 6)
2. supreme court orders related to redevelopment. (Para 7 , 8 , 9 , 10 , 11)
3. integration of baridaars' suggestions into redevelopment plan. (Para 14 , 15 , 16)
4. management of crowd control during high footfall periods. (Para 40 , 41 , 42)
5. regulations on shop allotments and refund processes. (Para 57 , 58 , 66)
6. accountability for financial contributions by baridaars. (Para 72 , 73 , 74 , 75 , 76)
7. decision-making on vip pass distributions. (Para 79 , 80 , 81)

JUDGMENT

Prathiba M. Singh, J. (Oral)

1. 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. Today, the ld. Administrator has placed on record Report No.8 dated 7th September, 2022 (hereinafter, "Report No.8"), in respect of redevelopment of the Kalkaji Mandir and other issues.

Redevelopment of the Kalkaji Mandir premises

4. The redevelopment of the Kalkaji Mandir has been considered from time to time, in these matters as also in appeals and SLPs arising therefrom. Vide order dated 27th September, 2021, considering the prevalent position as to lack of basic amenities, lack of proper administration, and rampant commercialisation in the Mandir, this Court had appointed an Administrator for the overall management and administration of the Kalkaji Mandir. In addition, it was clearly felt that the Mandir premises was in urgent need of redevelopment. Accordingly, Mr. Goonmeet Singh Chauhan - Architect, was also appointed for the purpose of redevelopment. The said Architect has continuously worked with the ld. Administrator as also other stakeholders including baridaars/pujaris, for preparing a comprehensive redevelopment plan for the Kalkaji Mandir.

5. Since the appointment of the Administrator and the Architect, various steps have been taken towards streamlining of the functioning and management of the Kalkaji Mandir, including its redevelopment. The said steps inter alia, include -

(i) Eviction of the unauthorized occupants and removal of encroachments from the Kalkaji Mandir premises [Most unauthorised occupants have vacated];

(ii) Preparation of the master plan for the redeveloped Kalkaji Mandir [Plan presented to Court and basic plan agreed upon by pujaris and baridaars];

(iii) Vacation of spaces which were under the occupation of the shopkeepers [All shopkeepers have vacated the spaces in their occupation];

(iv) Creation of temporary shops [Construction of shops completed and allotments to commence shortly];

(v) Erection of boundary wall [80% completed subject to demarcation procedure];

(vi) Steps towards the demarcation of the Kalkaji Mandir premises in coordination with the concerned authorities [In progress];

(vii) Provision of basic civic amenities such as potable drinking water, cleaning of toilets etc., to the devotees in the Kalkaji Mandir [Ld. Administrator is supervising this continuously with the municipal authorities];

(viii) Proper allotment of kiosks and vendors for selling samagri and other articles and deposit of tehbazari amounts in the fund for redevelopment, maintained with the worthy Registrar General, Delhi High Court [Allotment and tehbazari finalised, and amounts to be deposited by the next date of hearing];

(ix) Directions to baridaars to deposit a monthly amount of Rs.17 lakhs and Rs.22 lakhs per month for the purpose of management and administration of the Mandir. Part of the said amount is also being used for defraying of expenses for redevelopment [Being deposited every month];

(x) Directions to DUSIB and DDA for allocation of alternate spaces for jhuggi dwellers [Interested jhuggi dwellers in discussion with DUSIB and DDA for alternate accommodation];

(xi) Repair and maintenance of the sewage systems by the Delhi Jal Board [Completed];

(xii) Provision of temporary electricity connection by BSES [Has been provided

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