Kalkaji Temple Redevelopment: Delhi High Court Asks State To Consider Providing Alternate Accommodation To Evicted Jhuggi Dwellers

The Delhi High Court has observed that wherein a land is being used for public purposes, if occupants of jhuggis or slums are evicted, it is the State's objective to provide them alternative accommodation after conduct of requisite surveys and collection of data.

Justice Pratibha M Singh reiterated the said observation while dealing with a bunch of pleas concerning the aspect of maintenance and redevelopment of city's Kalkaji temple.

While the Court had earlier clarified that none of the occupants who are in illegal occupation of the temple premises can remain in possession, it noted that there were some jhuggi dwellers and Dharamshala occupants who had not vacated the said premises.

"In terms of these previous orders of this Court, it is clear that the Dharamshala occupants are unauthorised occupants and do not have any legal right to reside in the said premises," the Court said.

It added "Insofar as jhuggi dwellers are concerned, they too do not have any vested right to occupy the premises, which is a temple premises. However, taking a compassionate view of the matter, provision of alternative accommodation/rehabilitation of such jhuggi dwellers to such jhuggi dwellers who vacate the Kalkaji Mandir premises, can be explored."

Referring to the relevant decisions delivered by the Supreme Court, the Court observed thus:

"A reading of the above judgements would show that in case of land being used for public purposes, if occupants of jhuggis/slums are evicted, it is the State's objective to provide them alternative accommodation, after conduct of requisite surveys and collection of data."

Accordingly, the Court directed the Delhi Development Authority, DUSIB and South Delhi Municipal Corporation to jointly undertake a survey of the temple premises and make a list of the number of occupants and the number of families who are still dwelling in the jhuggis as also in the Dharamshalas.

The Court said that the survey shall commence on 8th March, 2022, and shall be completed by 10th March, 2022.

Following directions were issued by the Court:

- The Vice-Chairman, DDA, CEO DUSIB, and the Commissioner, SDMC, as also the DCP, South East Delhi, who are present in Court, shall hold a joint meeting and put up a report as to the manner in which the entire Kalkaji Mandir premises, can be got fully vacated.

- The report shall also specify as to whether rehabilitation/shelter can be provided to the jhuggi dwellers, so that redevelopment can commence in the Kalkaji Mandir premises.

- Insofar as the unauthorised occupants of Dharamshalas are concerned, the orders for the vacation of the premises in their occupation have already been passed. In the meeting of the authorities as directed above, a proper schedule shall be discussed for evicting the said occupants.

- It is pointed out by some of the counsels appearing in the matter that only some part of the land used for the Mandir belongs to the DDA and SDMC and the remaining land does not belong to any governmental authorities. This Court notes that irrespective of the ownership of separate portions of land in the Kalkaji Mandir premises, it is not disputed that the entire land is used for a public purpose, i.e., as a temple. Bearing this position in mind, the authorities shall hold the discussion and submit the report.

- The meeting of these four officers shall be held on 11th March, 2022 by the Vice Chairman, DDA at 4:00 p.m., in the office of DDA in Vikas Sadan, Barapullah Rd, beside SBI Bank, Aviation Colony, INA Colony, New Delhi, Delhi-110023. The report shall be submitted to the Court Master on 14th March, 2022.

The Court however clarified that the order was passed in the peculiar facts of the case which involved a Mandir premises where there are thousands of devotees who visit on a daily basis and the redevelopment of this Mandir was in the larger public interest. The Court said that the same shall not be applicable in other fact situations.

The Court thus listed the matter for further hearing on March 15.

Earlier, the Court had directed the authorities including South Delhi Municipal Corporation, Delhi Development Authority and Delhi Police to ensure that it's orders are implemented in order to remove all illegal encroachers within the Kalkaji Temple premises, as per the deadlines given.

Previously, the Court had slew of directions regarding the administration and maintenance of the temple as also for resolution of disputes pertaining to the bari rights between baridaars to ensure smooth functioning of the temple.

It had expressed concerns over the "dismal" maintenance of the temple and had also asked the local commissioner to ascertain the collections/donations made to the Temple and check whether CCTV cameras installed inside its premises are operational.

It was reiterated that the reports submitted by previous Receivers and local commissioner showed that the cleanliness and maintenance of the temple complex was not satisfactory.

The Court had sought a report on the the creation of shops as well as the basic civic amenities available for devotees inside the temple premises. It directed the Court appointed architect to submit a comprehensive report after a meeting with administrator.

It had appointed a local commissioner for paying surprise visits in the Temple in respect of ascertaining conduct of 'puja sewa', collection of offerings being put in donation boxes and also other issues regarding cleanliness, hygiene and facilities for devotees.

Case Title: NEETA BHARDWAJ & ORS. v. KAMLESH SHARMA

Citation: 2022 LiveLaw (Del) 191

Click Here To Read Order