While displaying not even an iota of sympathy for those who unauthorisedly occupy space adjacent to Kalkaji temple, the Delhi High Court in a very recent, robust, remarkable and rational judgment titled Neeta Bharadwaj & Ors v. Kamlesh Sharma in 2022 LiveLaw (Del) 232 in a matter pertaining to the redevelopment of Kalkaji city’s temple has directed the Delhi Police to proceed with the eviction of unauthorized occupants of jhuggis and dharamshalas present in the temple premises. The single Judge Bench of Justice Prathiba M Singh who delivered this learned judgment very rightly took into account the stand taken by such unauthorized occupants that they will neither vacate nor opt for the flats on rent or rain basera. The Court had to take this extreme step as the upcoming Navratri festival is commencing very shortly from 2nd April, 2022. This the Court itself candidly conceded.
To start with, after pointing out in para 1 that this hearing has been done through hybrid mode, the single Judge Bench comprising of Justice Prathiba M Singh of Delhi High Court then puts forth in para 2 that, “These matters pertain to the Kalkaji Mandir, which this Court has been hearing from time to time. These are part-heard matters.”Eviction of Occupants from the Kalkaji Mandir Premises
In hindsight, the Bench then recalls in para 3 that, “Vide the previous order dated 15th March, 2022, this Court had passed the following directions:“6. This Court has perused the report that has been placed on record jointly by the DDA, SDMC, DUSIB and other officials including the counsels appearing for them. Keeping in mind the contents of the report, this Court is of the opinion that at best there may be 40 families occupying the Jhuggis and Dharamshalas who may not have adequate means and who need some compassionate consideration. However, these occupants have been in occupation of these unauthorized tenaments for the last several years in a prime area in South Delhi. Thus, no exception of free accommodation can be given to them, however, in view of the fact that the Court has taken a compassionate view considering the financial standing of the occupants, it is directed as under:
(i) The ld. Administrator would meet one representative from each of the families of the current occupants as mentioned above, of Jhuggis and Dharamshalas on 19th and 21st March, 2022.
(ii) An option would be given to the said occupants to move into a tenement under the JNNURM scheme where a flat shall be allotted to them by DUSIB. The said occupants may opt for such rental accommodation upon payment of a sum of Rs.5,000/- per month as the rental amount. The options of the flats available under JNNURM shall be given by Ms. Mini Pushkarna, ld. counsel for DUSIB, to the ld. Administrator to enable him to interact with the occupants.
(iii) Those families who wish to purchase a flat from the DDA, subject to the satisfaction of eligibility criteria, shall be allotted either an EWS or LIG flat, upon them exercising the option. The said flat shall be allotted by the DDA to the party opting for the same, as may be confirmed by the ld. Administrator. The said party shall then file all of the documents and deposit the consideration amount. After deposit of the consideration, the flat shall be allotted within four weeks.
(iv) For those occupants who do not wish to exercise the option of either (ii) or (iii) above, they shall remove all their belongings by Wednesday, i.e., 23rd March, 2022. On 24th and 25th March, 2022, all the occupants of Jhuggis and Dharamshalas in the premises of the Kalkaji Mandir shall be evicted.
(v) The DCP, South-East District, Delhi and the SHO, Kalkaji shall provide the necessary force for eviction of the occupants of the Jhuggis and Dharamshalas and any other unauthorized occupants, vendors etc., in the Kalkaji Mandir premises. The same shall be supervised by the ld. Administrator and his team. The officials of DUSIB, DDA and the SDMC shall remain present during the eviction so that they can give cooperation to the police as also to the ld. Administrator.””
Most remarkably, the Bench then very forthrightly points out in para 5 that, “In view of the said stand of the unauthorized occupants of jhuggis and occupants of dharamshalas, this Court is left with no option but to direct the Delhi Police to proceed with the eviction of the said unauthorized occupants of jhuggis and occupants of dharamshalas. The eviction of the said occupants also has a sense of urgency in view of the fact that the Navratras will be commencing from 2nd April, 2022 and proper arrangements have to be made for the entry and exit of the lakhs of devotees who visit the Kalkaji Mandir during the Navratra period. The Kalkaji Mandir premises sees a steady and high influx of devotees during the Navratra period and the continued occupation of the jhuggis and dharamshalas by the occupants would pose enormous threat to the safety and security of all the devotees, for whom elaborate arrangements would have to be made by the ld. Administrator.”
For sake of clarity, the Bench then clarifies in para 6 that, “The eviction shall now be on the terms as contained in the order dated 15th March 2022. The eviction process shall be undertaken under the direct supervision and control of Ms. Meenu Chaudhary, Joint Commissioner of Police, Southern Range, and Ms. Esha Pandey DCP, South East Delhi in terms of the order dated 15th March, 2022. All the other authorities viz., DUSIB, DDA, SDMC and their concerned officials namely, Ms. Garima Gupta, CEO, DUSIB, Mr. Manish Gupta, Vice Chairman, DDA, and Mr. Gyanesh Bharti, Commissioner, South Delhi Municipal Corporation, shall render complete assistance to the Delhi Police.”
Quite rightly, the Bench then directs in para 7 that, “Thus, the unauthorized occupants of jhuggis and occupants of dharamshalas who are 142 and 46 in number respectively, are directed to cooperate with the eviction process, as they have chosen not to avail of any of the options which have been offered to them in terms of the order dated 15th March, 2022.”
Furthermore, the Bench then also clarifies in para 8 that, “Ld. Administrator, along with the other agencies, is free to engage sufficient manpower or direct the deputation of the required manpower for the purpose of enabling the eviction of the unauthorized occupants of jhuggis and occupants of dharamshalas, from the Kalkaji Mandir premises.”
What’s more, the Bench then states in para 9 that, “Let the eviction process commence on 24th March, 2022, as directed previously.”
Quite rightly, the Bench then specifies in para 10 that, “All the authorities and officials of DDA, SDMC, DUSIB, Ms. Meenu Chaudhary, Joint Commissioner of Police, Southern Range, Ms. Esha Pandey, DCP, South-East District, Delhi, and SHO, Kalkaji, shall cooperate in this regard, including the baridars and pujaris who may be currently enjoying the bari in the Kalkaji Mandir.”
Going ahead, the Bench then clarifies in para 11 that, “Ld. Administrator has also informed the Court that for the allotment of temporary shops and kiosks, 20 shopkeepers have already deposited a sum of Rs.30,000/-. Let the process of deposit of Rs.30,000/- for allotment of temporary shops and kiosks be continued.”
It is then made clear in para 12 that, “Insofar as the erection of the temporary shops and kiosks is concerned, the ld. Administrator has suggested that the project should be implemented by the Chief Engineer, DDA.”
Of course, the Bench then recalls in para 13 that, “This Court has, vide order dated 15th March, 2022, already directed as under:“16. This stand of the DDA is at variance with the stand recorded previously in the ld. Administrator’s Report No.3 dated 13th January, 2022, as also in the order dated 14th January, 2022, where the DDA had already given its ‘No Objection’ for the redevelopment of the Kalkaji Mandir and the creation of the temporary shops and kiosks in the Kalkaji Mandir premises. The relevant extract of the said order is as under:
“10. The DDA has already informed the ld. Administrator during the interactions which were held, that it has no objection to the redevelopment of the Kalkaji Mandir, and the creation of the temporary shops and kiosks in the Mandir premises. The same is recorded in paragraph 26(i) of the Administrator’s report. Let a communication to this effect be issued by the DDA to the ld. Administrator, within one week.”
- However, in the meeting report which has been filed recently, the stand of the DDA is that as per the Master Plan for Delhi, 2021, the entire area of Kalkaji Mandir premises is shown as a green area.
- It is noticed that the Kalkaji Mandir premises has always had shops and kiosks which were attending to the devotees in the Mandir area. Further, there was also a large parking space on the DDA land, which was being utilized for parking of vehicles of the devotees. It is evident from the Local Commissioner’s report dated 1st and 28th August, 2021, Receiver’s report received on 15th March, 2021 as also the Reports of the ld. Administrator, that the said area is not a green area and the same has been used only for the purpose of parking in the Kalkaji Mandir, for a number of years. Thus, at this stage, considering the nature of issues before this Court, and in the overall interest of the proposed redevelopment of the Kalkaji Mandir, the Architect is permitted to put up the temporary shops and kiosks in the Mandir premises for a temporary period of one year, until the main redevelopment of the Mandir commences, in order to avoid the haphazard crowding of vendors and hawkers in the area. The same can be converted into a green area immediately upon the redevelopment of the Mandir taking place, and upon the shopkeepers being made to move to the respective shops allocated to them in the finalized premises post the redevelopment. The said land can be converted to a green area then and landscaped as part of the larger scheme of development.
- Ld. Administrator has identified a total of 104 shopkeepers who are entitled for being licensed temporary shops and kiosks. On the basis of the cost estimate given by the Architect, for each of the temporary shops and kiosks, a sum of Rs.30,000/- and Rs.20,000/- is fixed as one time cost for erection of the same. The shopkeepers, who are stated to be 104 in number, are permitted to express their choice as to the temporary shop or kiosk to the ld. Administrator and deposit the money in respect thereof, in the account in the name of “Registrar General, Delhi High Court, A/c Kalkaji Mandir Fund” vide A/c No.15530110155950 [IFSC Code UCBA0001553]” (hereinafter, “Kalkaji Mandir Fund”). Upon the said deposit being made, the shopkeepers would be entitled to allotment of the temporary shops and kiosks in the Mandir premises, on a licence basis purely temporarily, without any rights.
- On the next date, the Architect is requested to appear before this Court and give a timeline for the commencement of the erection of temporary shops and kiosks. Thereafter, this Court would also consider release of some amounts to the Architect to enable him to commence the erection of the temporary shops and kiosks.””
Adding more to it, the Bench then spells out in para 14 that, “Thus, in view of the above directions already issued on 15th March, 2022, the Architect may place on record a plan giving the timelines for erection of the temporary shops and kiosks, as per the said order. The request of ld. Administrator for directing the Chief Engineer, DDA to take up the project for erection of temporary shops and kiosks is not acceded to by this Court and the Architect already appointed by this Court shall proceed further in the matter. The Architect is also permitted to apply to the concerned authorities for electricity connection, water connection and sewage connection, as and when required. Let the said plan be submitted by the Architect by 31st March, 2022 along with details of the expenses projected to be incurred for the same.” Adding further clarity, the Bench then holds in para 15 that, “Insofar as the period of Navratras is concerned, considering the lakhs of devotees who are likely to be visiting the temple, some arrangement would be required to be made for the purposes of selling phool, prasad and puja samagri and other puja utensils and gift items etc., Accordingly, as suggested by the Ld. Administrator, temporary tables may be allowed to be put up by the ld. Administrator in any suitable part of the Kalkaji Mandir premises, in consultation with the Architect and in a manner that ensures that access to the same is provided to all the devotees who visit the temple.” Going forward, the Bench then maintains in para 16 that, “It is made clear that the allotment of these tables shall be made to only those shopkeepers who deposit the sum of Rs.30,000/- as directed by the previous order dated 15th March, 2022, for allotment of temporary shops. Moreover, the undertakings already given by the shopkeepers pursuant to orders dated 7 th December, 2021 and 9th December, 2021, to the effect that the allottees shall not claim any rights in respect of the space allocated to them for selling the articles and wares, shall also apply qua the tables which may be permitted to be erected during the Navratra period. The tehbazari for each of the shopkeepers is fixed at Rs.15,000/- each for the entire Navratra period which shall be deposited with the Court in the account in the name of “Registrar General, Delhi High Court, A/c Kalkaji Mandir Fund” vide A/c No.15530110155950 [IFSC Code UCBA0001553]” (hereinafter, “Kalkaji Mandir Fund”. If the Ld. Administrator wishes to continue the allocation of the said tables to the shopkeepers, let a proposal be placed before this Court in respect thereof.” Not stopping here, the Bench then also directs in para 17 that, “Considering the quantum of work done by the Architect, the worthy Registrar General of this Court is directed to release a sum of Rs.3 lakhs to the Architect as an ad hoc payment for the assistance which he has rendered in these matters. For the said purpose, let the details of his bank account be supplied by the Architect to the worthy Registrar General, within three days.” Notably, the Bench then mentions in para 18 that, “Pursuant to previous orders dated 1st February, 2022 and 15th February, 2022, the Delhi Jal Board (hereinafter “DJB”) has placed a report on record that the inspection of the Kalkaji Mandir premises has been done. The choking of sewer lines as wells as leakage and overflow of water has been dealt with and repaired. Ld. Counsel for the Administrator also confirms that the repair as stated by the DJB has in fact been carried out.” Still more, the Bench then also added in para 19 that, “The DJB shall also ensure that during the Navratra period, proper running water supply is made available to the devotees of the Kalkaji Mandir and the sewage system is functioning properly during the said period. The regular maintenance of the sewage system shall also be undertaken by the DJB.” In addition, the Bench then directs in para 20 that, “List all these matters on 31st March, 2022 at 2:30 p.m.” Very rightly, the Bench then also directs in para 21 that, “Status report qua the eviction shall be placed on record by the Delhi Police by 31st March, 2021. Ld. Administrator to file a further status report on the remaining aspects. The Architect shall also file his proposal for the erection of the temporary shops and kiosks.” While leaving no room for doubt, the Bench then notes in para 22 that, “The present order be communicated to Mr. Sanjay Lao, ld. Standing Counsel (Criminal), GNCTD, Mr. Arun Birbal, ld. Counsel for DDA & SDMC, Ms. Mini Pushkarna, ld. Counsel for DUSIB, with a direction to further communicate the same to the concerned officials of the Delhi Police, DDA, SDMC and DUSIB, who are to comply with the directions given above.” Finally, the Bench then concludes by holding in para 23 that, “The digitally signed copy of this order, duly uploaded on the official website of the Delhi High Court, www.delhihighcourt.nic.in, shall be treated as the certified copy of the order for the purpose of ensuring compliance. No physical copy of orders shall be insisted by any authority/entity or litigant.” All in all, it is a very courageous, extremely commendable and is a salutary step in the right direction. What all the single Judge Bench of Justice Prathiba M Singh of Delhi High Court has directed in this leading case must be implemented as directed hereinabove which we have already discussed. It is also good to learn that the Supreme Court too has refused to interfere with this extremely commendable and learned judgment which must be definitely implemented in totality. It certainly merits no reiteration whatsoever that there is no bona fide reason to not comply in totality with what the Delhi High Court has held so very rightly, rationally and refreshingly in this leading case! </code></pre></li>
Sanjeev Sirohi