Kalkaji Temple: Delhi High Court Issues Directions Regarding Unauthorised Encroachment, Sanitation Facilities, Drinking Water & Inspection By Fire Dept

The Delhi High Court on Monday issued slew of directions concerning the functioning of city's Kalkaji Temple on varied aspects including the unauthorised encroachment by shopkeepers, sanitation and drinking water facilities as also an inspection to be carried out by the Delhi Fire Department for tackling emergency situations.

Justice Pratibha M Singh also issued directions to the DCP of Delhi Police that he shall ensure that adequate personnel are posted at the temple so as to ensure that there is proper and regulated entry and exit of the devotees, to and from the temple, and to ensure that no untoward incident takes place.

This came after the Court was shown videos depicting the manhandling of devotees by certain police constables who were posted in the temple.

The Court added that the DCP shall pass appropriate directions to ensure that a single set of constables are not posted at the temple for a long period of time and that such police personnel shall be changed at least twice a month.

"Considering that there are many female devotees who visit the Mandir, adequate number of female constables of the Delhi Police shall be posted at the Kalkaji Mandir," the Court added.

Further, the Court also perused the interim report of the Administrator, Retired Justice JR Midha, submitted in a sealed cover on 26th October 2021 and noted that the same highlighted certain issues for which urgent directions were passed.

The following directions were passed by the Court:

- The Administrator, with the cooperation of the Delhi Police and the SDMC, is permitted to take action for removal of all the unauthorized encroachments within the Kalkaji Mandir premises within two weeks.

- If any of the shopkeepers and illegal residents in the Mandir premises are entitled to seek alternate accommodation, the DUSIB may consider their request and provide alternate premises on humanitarian grounds.

- The pendency of any application for alternate accommodation before DUSIB shall not come in the way of the removal of encroachments and unauthorized construction of shopkeepers from the Mandir premises.

- If the DUSIB wishes to conduct any physical survey or inspection on spot in respect thereof, they can request the ld. Administrator for the same, and such inspection shall be carried out by 20th November 2021.

- All the directions passed in these matters shall also be implemented and given effect to by the DDA.

- With the cooperation of the baridaars, at least two paramedics and one Doctor may be posted from any of the nearby hospitals/dispensaries of the GNCTD at the Mandir premises. The expenses of the Medical Centre shall be borne by the ld. Administrator from the account where funds for everyday expenses are being deposited by the baridaars.

- The concerned officials of the SDMC, i.e., Sanitary Inspector or any other responsible officer, shall inspect the toilet complexes at least twice a day for the next 15 days, to ensure the maintenance of the cleanliness and hygiene of the toilet complexes.

- SDMC shall conduct an inspection by 20th November 2021, after consulting with the ld. Administrator in regard to his convenience, to ensure that adequate steps are taken to ensure garbage disposal at the Mandir premises, and the same takes place at least three times a day.

- Delhi Jal Board shall send a team to the Kalkaji Mandir day after tomorrow, to inspect and to take immediate steps for laying down a temporary pipeline for uninterrupted supply of drinking water to the devotees in the Mandir, as also for running water supply to the toilet complexes.

- Since the Re-Development of the Kalkaji Mandir would be a major project, and an architect has already been appointed by this Court for submitting a Re-Development plan, the ld. Administrator is permitted to open a separate account called the Kalkaji Mandir Re-Development Fund in the Delhi High Court, which shall be in the control of the Registrar General.

- Delhi Fire Department who shall conduct an inspection of the Mandir premises and submit a report of steps that would be required for ensuring access for fire tenders, and for the maintenance of fire safety in and around the Mandir premises.

The matter will now be considered on December 7.

The development came after the Court had on previous occasion sought status report from the Delhi Government on the aspect of removal of encroachments and management of devotees in the temple complex.

Earlier, 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.

The Court had previously expressed concerns over the "dismal" maintenance of the temple and had also asked the local commissioner, appointed on the last date, to ascertain the collections/donations made to the Temple and check whether CCTV cameras installed inside its premises are operational.

It was also 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 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.

Title: NEETA BHARDWAJ & ORS. v. KAMLESH SHARMA

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