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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 : 14-09-2022
The court established the imperative of stakeholder inclusion in redevelopment projects and affirmed the need for alignment with statutory provisions concerning space allocation and tax exemptions for charitable donations.
Headnote:(A) Delhi Slum & JJ Rehabilitation and Relocation Policy, 2015 - Section 4 - Issues related to the desealing and allocation of space for dharamshala in the redevelopment of Kalkaji Mandir - The court permitted the dharamshala to seek space in the redevelopment plan and provided directions for eviction and future submissions by the applicant. (Paras 4-7)
(B) Income Tax Act, 1961 - Sections 12A and 80G - Discussions on TDS exemptions and deductions for donations related to temple renovations - The Administrator was directed to consider the status of the Trust under the Act and recognize the Kalkaji Mandir Redevelopment Fund for such tax purposes. (Paras 12-16)
(C) Hybrid hearing - Matters being part-heard relating to the Kalkaji Mandir indicated ongoing judicial engagement with stakeholders regarding redevelopment processes. (Paras 2-3)
| Table of Content |
|---|
| 1. court's hearing status and matter context (Para 2) |
| 2. administrative proceedings and next hearing (Para 3 , 8 , 17 , 18) |
| 3. application for desealing dharamshala (Para 4 , 5 , 7) |
| 4. jhuggi dwellers' eviction and rehabilitation policy (Para 9 , 10 , 11) |
| 5. tds exemptions related to donations (Para 12 , 13 , 15 , 16) |
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.
CM APPL. 40549/2022 in FAO 36/2021
3. Allowed, subject to all just exceptions. CM APLL.40549/2022 is disposed of.
CM APPL.40548/2022 (u/O I Rule 10 CPC) in FAO 36/2021
4. This is an application filed on behalf of the Applicant - Shri Gardaiya (Baghel) Panchaty Kalkaji Dharamshala Samiti (hereinafter, "dharamshala"). The prayers in the present application are for the desealing of the dharamshala and for space to be allotted for the purposes of this dharamshala in the final redevelopment of the Kalkaji Mandir.
5. Insofar as the impleadment is concerned, the Applicant is permitted to appear and make submissions in these matters.
6. Insofar as the prayer in respect of desealing of the dharamshala and allocation of space is concerned, ld. Counsel for the Applicant submits that this is a dharamshala where there are no permanent occupants. However, devotees who visit from out of station are permitted to stay in the dharamshala for brief periods of time, running into two to three days. It is prayed that the dharamshala be permitted to be impleaded in the matter and they not be evicted from the premises.
7. Ld. Counsel for the Applicant further submits that the dharamshala is willing to give an undertaking to the effect that, upon the commencement of the redevelopment of the Kalkaji Mandir, the dharamshala would be vacated, subject to the directions which may be passed by ld. Administrator for allocation of an appropriate space as part of the redevelopment plan. For this purpose, the Applicant is permitted to appear before the ld. Administrator who shall consider their submissions.
8. Ld. Counsel for the ld. Administrator submits that the ld. Mediator would be holding a meeting with various stakeholders on 16th September, 2022 after 4:00 p.m. Accordingly, the Applicant may appear before the ld. Administrator on the said date. Let the ld. Administrator deal with this issue in the next report for consideration by this Court.
CM APPL. 32296/2022 & CM APPL. 5865/2022 in FAO 36/2021
9. These are applications filed on behalf of the Applicants who are jhuggi dwellers who were evicted from the Kalkaji Mandir premises seeking impleadment in the matter, as also, directions for rehabilitation as per the DUSIB Policy of 2015.
10. Ld. Counsel for the Applicants relies upon Clause 4 of Delhi Slum & JJ Rehabilitation and Relocation Policy, 2015, which reads as under:
"4. Terms and conditions of Allotment of alternative Dwelling Unit
(i) The contribution of the beneficiary will be Rs.1,12,000/- per dwelling unit having the carpet area of 25 sq. mtrs (The contribution may slightly vary on case to case basis depending upon the actual carpet area of the dwelling unit). In addition, the beneficiary will be required to pay an amount of Rs.30,000/- at the time of the allotment of the dwelling unit, towards the cost of maintenance for a period of 6 years.
(ii) The dwelling unit shall be allotted to the eligible JJ dweller for a period of 10 (ten) years on lease hold basis after which it will be converted into free-hold as per the prevalent policy (this is in supersession of the earlier leasehold period of 15 years as notified in the guidelines of 2013).
(iii) Allotment will be made in the Joint-name of the husband and wife occupying the jhuggi.
(iv) The allottee shall not sublet or part with possession of the dwelling unit, by way of General Power of Attorney or any other document. The DUSIB will have
