Kalkaji Temple : Supreme Court Refuses To Stay Eviction Notices Issued Against Unauthorised Occupants

The Supreme Court on Monday refused to entertain applications by occupants of the encroachments within the Kalkaji Temple premises seeking stay of eviction notices issued to them by the Administrator appointed as per the directions of the Delhi High Court.

A bench of Justices Sanjiv Khanna and M M Sundresh was hearing applications filed by occupants, including vendors, hawkers and shopkeepers who have built and occupied structures within the premises of the Temple for years.

The court was also informed today that it was not just the administrator but also the High Court which had ordered for the eviction of the Applicants.

During the hearing today, Counsel appearing for the applicants submitted before the court, “Kindly consider my lord. These are poor people.”

"We are the ones who are occupying the dharamshala. If we don't occupy then no one will stay there,” he added.

Justice Sanjiv Khanna orally remarked, “Don’t worry. We will find someone else. You cannot occupy the place for years and generations together. Let the administrator do his work. If you want one month's time, we will grant you.”

The Counsel appearing for the applicants against submitted, “Kindly consider my lord. This is peak winter.”

It was also informed to the court by the Respondent Counsel that after the eviction notices were served to the applicants, they have broken the seals and have re-entered the premises.

The Bench then remarked, “You have got no right now. You have to vacate. You have done something wring. Infact contempt action maybe contemplated against you.”

It is important to point out that during the last hearing, the Supreme Court had refused to stay the Delhi HC Order appointing Administrator and had directed removal of encroachments from mandir premises.

After the Counsel appearing for the applicants pointed out that no alternate accommodation was being provided to the Applicants, the bench said, “They are putting you up in Ren Basera. You stay there. We cannot allow you to or permit you to stay there. You have stayed there. You have made money. It cannot be an inheritable thing.”

Granting one months time to vacate the premises, the bench ordered, “We do not find any merit in the present applications. Same are dismissed. Infact it is pointed out that the Applicants had broken the seals and have reentered the premises. On the request made by Learned Counsel for Applicants, time upto 31-01-2023 is granted. Police to take action to compel eviction if order not followed. It is stated by Respondent's authorities that applicants will be accommodated in separate Ren Basera.”

Case Title: Kalkaji Mandir Vikreta Sangathan And Ors. v. Piyush Joshi And Ors. SLP(C) No. 32452-53/2013

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