The Court reinforced the importance of regulated tehbazari for authorized shops, ensuring safety and preventing unauthorized hawking during religious events.

JUDGMENT

Prathiba M. Singh, J. (Oral)--This hearing has been done through hybrid mode.

CM APPL.42042/2022 (for exemption)

2. Allowed, subject to all just exceptions. CM APPL.42042/2022 is disposed of.

CM APPL.42041/2022 (for modification)

3. Vide previous order dated 9th September, 2022, this Court had noted the progress of the redevelopment of the Kalkaji Mandir and passed comprehensive directions, with the inputs of all stakeholders. Considering that the construction of all temporary shops had been completed, the Court had further directed that the same may be allotted, so that no temporary table arrangements would be required for the upcoming Navratas. It had also directed that status quo as to the entry and exit routes to the Mandir shall continue, as there were differing contentions by the parties in this regard.

4. Today, CM APPL.42041/2022 has been filed on behalf of ten shopkeepers, seeking permission to install temporary tables in the Kalkaji Mandir premises during the Navratra period, since allotment of temporary shops would take time.

5. A short report dated 22nd September, 2022 (hereinafter "Short Report") has also been filed by the ld. Administrator, which raises certain issues concerning the allotment of the constructed temporary shops, post the previous order. It, inter alia, states that the shopkeepers have declined to take possession of the constructed shops, raising the following objections:

"2. The shopkeepers present however declined to take possession of the allotted shops, and raised the following objections:

(i) The tehbazari rate fixed by the Court on the suggestion of the undersigned is extremely high;

(ii) The entry to the Temple should only be from the Lotus Temple side so that the devotees have access to the shops; and

(iii) Lastly, that the hawkers and vendors illegally selling phool, prashad and other items in the Temple Complex should be removed.

The meeting was adjourned and the shopkeepers were advised to send their objections in writing."

6. In respect of these three issues, the ld. Administrator had again reiterated that entry to the Mandir may only be allowed from the Lotus Temple side, as otherwise, if entry is allowed from all sides, there may be footfall reduction at the shops.

7. Second, the Short Report notes that the Delhi Police has not taken any action to prepare the list of unauthorized hawkers in terms of various previous orders as also communications by the Administrator, and the requisite male and female police personnel to remove unauthorized hawkers have not been deployed.

8. Under these circumstances, the ld. Administrator has recommended changing the tehbazari amount for the small shops, from Rs.30,000/- per month to Rs.15,000/- per month and proportionately, to Rs.7,500/- per month for widows, as a temporary arrangement.

9. Heard. The allotment of temporary shops has been the subject matter of several orders passed by this Court. Vide one of the earliest orders of this Court dated 27th September, 2021, the shopkeepers - who were merely licensees or paying tehbazari amounts to unknown persons/persons stated to be pujaris/baridaars - were clearly held to have been in continued possession of the Mandir without any legal right to the same. However, this Court had taken a compassionate view of the matter and had directed preparation of a list by the Administrator, of all shopkeepers running shops in the Kalkaji Mandir premises, after verifying their credentials. The relevant extract of the said order dated 27th September, 2021 reads as under:

"97. In the same vein, it is essential for a Mandir, where thousands of devotees visit for conducting puja every day, irrespective of its public or private status, to be devoid of unauthorized encroachments, which results in extreme inconvenience and safety as also security concerns for the devotees.

98. Ld. counsel for the various parties appearing before this Court, the Local Commissioner, the Court Receivers, as also the S