Neeta Bhardwaj v. Kamlesh Sharma

6. The progress report dated 22nd August, 2023 filed by the demarcation agencies ‘Measure Techno Services’ states that the topographical map of the entire relative area would be completed by 30th August, 2023. Thereafter, the digitisation of the revenue map will take place.

7. From the report it appears that there is some progress in the demarcation process. Let the work be continued in terms of the progress report dated 22nd August, 2023 and weekly progress report be made to the ld. Administrator by the SDM as also the demarcation agency. Street Vendors

8. Insofar as the street vendors are concerned, this Court vide the order 6th July, 2023 had allowed street vendors verified by the MCD to sell their wares outside the precincts of Kalkaji Mandir. The Court had further directed the ld. Administrator to designate the space in which vending activities shall be undertaken. The Court had further directed Mr. Rishabh Kapur, ld. Counsel to provide the details of the street vendors whose verification is underway, and directed the MCD to file an affidavit qua this aspect.

9. From the submissions made by ld. Counsels today, it appears to the Court that there are two aspects of the issue. One is the location of the street vendors, which has now been dealt with by the ld. Administrator as detailed in the 12th Report. As per the said Report, the street vendors have been placed at appropriate locations in a manner so as to ensure that the devotees are not in any manner inconvenienced. Insofar as the second aspect is concerned, Mr. Rishabh Kapoor, ld. counsel submits that the details as directed to be given vide order dated 6th July, 2023 have been provided to Mr. Panda, ld. Counsel for the MCD. Mr. Panda, ld. Counsel, however, seeks further time to submit the affidavit, as the staff is currently unavailable and engaged in G20 event related preparations. Mr. Ramesh Kumar Mishra, ld. Counsel submits that one street vendor whom he represents i.e., Mr. Dineshwar Thakur, could not submit his documents in time.

10. Since Mr. Panda, ld. Counsel has sought further time, it is directed that Mr. Thakur’s documents be also submitted to Mr. Panda, ld. Counsel. Mr. Panda, ld. Counsel shall then file a comprehensive affidavit after verifying the details of all the street vendors whose details have been submitted, by the next date of hearing.

11. Today, another issue has been brought to the attention of the Court. It relates to hawking and vending inside the Mandir premises. The grievance of various stakeholders continues to be that unauthorized vendors carry various samgris, prasad, etc., in loose packets and create disturbance in the temple complex causing inconvenience to the devotees. The ld. Administrator shall consult all the relevant stakeholders and put up a recommendation qua the feasibility of erecting gates at the entry points to the Kalkaji Mandir. It shall also be looked into if the said gates can be monitored by the personnel of the Delhi Police or any other agency at each entry point. This arrangement is being considered by the Court so as to ensure that unauthorised vendors do not gain entry into the temple premises and also bearing in mind that erection of gates at entry points would also be in the interest of the overall security of the Mandir. For this purpose, the ld. Administrator shall contact the local police authorities as also any other stakeholder who he deems appropriate and submit a report on the feasibility of erecting gates. Redevelopment of the Mandir

12. On 6th July, 2023, Mr. Chauhan, ld. Architect had shown a walk through video and a PPT of the revised master plan for the redevelopment of the Kalkaji Mandir. The Court was further informed that there were however, some outstanding issues that were yet to be resolved between the parties.

13. Mr. Chauhan has joined the proceedings today virtually and has submitted that Ms. Himanshi Kaushik, Architect on behalf of the Pujaris has given certain suggestions in respect of the following points: i. Location of joota ghar; ii. cloakroom; iii. frisking facilities for maintaining security of the temple and the devotees; iv. relocation of certain deities and creation of small mandir area for the relocated deities; v. bus parking.

14. It is further submitted that these issues are being deliberated between the architects and the final plan would now be submitted on the next date of hearing.

15. All the above suggestions have been put forward by the baridaars and pujaris through their architect. Thus, let the final plan be submitted which would be acceptable to all concerned stakeholders.

16. Insofar as identification of structural consultant, landscape consultant and other consultants are concerned, the baridaars and the pujaris are stated to have given their own suggestions. Let the ld. Architect consider the same and give his recommendations on the next date hearing.

17. When the final plan is put up before the Court, the issue of payments to the ld. Architect and the architect of the pujaris shall also be considered. Dharamshalas

18. Vide order dated 19th April, 2023 the Court had directed MCD to inspect Salak Ram Dharamshala which was stated to be in a dilapidated condition. The 12th Report of the ld. Administrator states that MCD has inspected the said Dharamashala and submitted a report dated 1st May,

2023. As per the report the Dharamashala may developed cracks, however, it need not be demolished as there is ‘no imminent threat of collapse and the same can be repaired through retrofitting under the supervision of the Structural Engineer’.

19. In view of the above report, it is up to the present occupants of the dharamshala to carry out any repair so long as the same is merely for the purposes of ensuring that the building is safe. No extra construction shall be carried out in the dharamshala.

20. The 11th Report of the ld. Administrator dated 18th April, 2023 had brought it to the attention of the Court that there are certain chabutras (raised platforms) that are adjacent to various dharamshalas. The said report had recommended demolition of the chabutras in order to widen the entry of the devotees. The 12th Report has again flagged the issue and reiterated the suggestion. The Court has perused the photographs and, in the opinion of the Court, the condition of chabutras is such that they cannot be put to any use. Their demolition would also provide more space for the entry of the devotees. Accordingly, the ld. Administrator may take steps for demolition of chabutras and for creating proper space and queues for the devotees’ entry as also for widening of space or for any other purpose as deemed appropriate. Allotment of temporary shops at the Lotus Temple side

21. Ld. Administrator in the 12th Report states that various representations have been received by his office in respect of allotment of temporary shops. During the hearing also, ld. Counsels representing various shopkeepers have submitted that they are willing to take possession of the shops upon payment of tehbazari that may be fixed by the Court.

22. The issue allotment of temporary shops has been a particularly vexed one that has unnecessarily consumed a substantial amount of judicial time in these hearings. Parties, especially the shopkeepers have constantly changed their stand before the Court. In order to appreciate the issue better, it is necessary to recapitulate the history briefly which is decipherable from the orders. When the redevelopment activities were initially considered by the Court, it was observed that there were several shopkeepers and vendors who were inside the premises of the Kalkaji Mandir. In order to give them some succour, and to ensure that their income is not affected, the Court vide order dated 27th September, 2021 had taken a compassionate view. The Court had requested the ld. Administrator to prepare a list of all the shopkeepers who were willing to take temporary shops on licence basis within the premises of Kalkaji Mandir. Vide order dated 9th September, 2022, on the basis of the recommendation of the ld. Administrator in Report No.6, the Court fixed tehbazari amount at Rs.500/- for widows and Rs.1000/- per day for other shopkeepers. The entire exercise of preparation of the list of shopkeepers, construction of temporary shops was carried out over a number of months. Allotments were made and the allotees even made contribution towards the construction of the temporary shops.. However, after having contributed towards the construction, the shopkeepers have refused to take possession on the tehbazari fixed by the Court. Repeated opportunities were given to the shopkeepers and finally vide order dated 15th March, 2023 the Court decided to cancel the allotment and forfeit the amounts deposited by them. Currently all the shops are remaining empty. The relevant portion of the order dated 15th March, 2023 reads as under:

23. During the last navratras starting from 22nd March, 2023, allotment of temporary shops for ten days was made and the tehbazari of Rs.10,000/was charged for the aforesaid period of ten days. On the basis of the sale/ revenue generated in the said period, ld. Administrator’s feedback is that tehbazari should be revised and an amount of Rs.15,000/- would be reasonable.

24. This Court is of the opinion that in view of this background, no priority or preference can be given to the shopkeepers who were initially allotted the temporary shops after cancellation of the allotment. In the opinon of the Court, an open public auction ought to be conducted for the allotment of temporary shops on license basis. All shopkeepers and other stakeholders including the general public shall be permitted to take part in a public auction of these temporary shops. The auction shall be conducted by the ld. Administrator by putting up notices within the Kalkaji Mandir premises and in any other manner which the ld. Administrator deems appropriate so that maximum response is attracted for the public auction.

25. The reserve price for the monthly tehbazari of the said shops shall, in terms of the recommendations of the ld. Administrator, be Rs.15,000/- per month for smaller shops and Rs.50,000/- for larger shops. It is clarified that in the auction, all the earlier allottees, the pujaris, the baridaars or any member of the general public will be permitted to participate.

26. It is further made clear that any of the vendors or their family members who are already doing street vending outside the periphery of the Mandir would not be eligible to participate. Also, for one person / one family, there shall be only one shop for which they can seek allotment. For the present purposes, `family members’ would mean and include ‘blood relatives’.

27. The auction terms shall be specific to the effect that no subletting or sub-licencing would be permitted. Moreover, the allotment of the shops shall be on a licence basis which shall be on a month-to-month basis. No right, title or interest in the shops would vest with the allottees except for running of the shops. The allotment shall further be subject to any further orders of this Court especially qua redevelopment of the Kalkaji Mandir.

28. The auction on the above terms, along with any other conditions that may be specified by the Ld. Administrator, shall be conducted under the supervision of ld. Administrator within the next one month and a report be placed on record in this regard. No allotments shall be made, until the report is perused and approved by this Court. CM APPL. 27387/2023

29. This is an application filed by M/s Eswara Kamdhenu Restaurant Pvt. Ltd., which is putting up a pandal next to the Kalkaji Mandir premises, seeking vacation of stay imposed vide order dated 2nd May, 2023. In the said hearing, this Court had considered the large-scale construction being erected in the non-demarcated area and had also observed that the construction would affect the view of the Lotus Temple as well. In terms of the said order, directions were given to the Applicant herein as also the DDA to cease any construction on this land. The operative portion of the said order reads as under:

30. Vide the said order, the Court had further directed DDA to file an affidavit giving details as to when was the last time this parcel of land was used for any social or religious functions, as also whether it was maintained as a green area by DDA. The said affidavit is stated to have been filed.

31. The ld. Counsel appearing for the said M/s Eswara Kamdhenu Restaurant Pvt. Ltd. now submits that he has made payment of huge sums of money to the DDA in respect of the land in question. Thus, it ought to be allotted an alternate location.

32. The Applicant is free to approach the DDA with a representation in this regard. DDA shall consider the same in accordance with law inasmuch as even the initial floating of the tender in respect of the land in question without permission of this Court could not have been done by the DDA considering the redevelopment and demarcation which was already going on in the present set of cases relating to the Kalkaji Mandir. The DDA may look into the representation and convey its decision within six weeks to the Applicant.

33. Remedies of the applicant are left open to be availed of in accordance with law.

34. Let a copy of the affidavit filed by the DDA in respect of M/s Eswara Kamdhenu Restaurant Pvt. Ltd. transaction be served upon the Bahai' House of Worship (a.k.a. Lotus Temple) representing the Lotus Temple and other stakeholders. The copy of this reply shall be served to Mr. R.R. Kumar, ld. Counsel and Mr. Neeraj Bhardwaj who shall circulate the said affidavit amongst the other parties.

35. List on 13th October, 2023. Deployment of Home Guard

36. Orders on this issue are deferred for the time being. Non-payment of Tehbazari for Dhupia Shop by Mr. Hari Dutt Bhardwaj

37. The 12th Report of the ld. Administrator had brought to the attention of the Court that tehbazari of Rs.1,50,000/- for the months of July, August, September, 2022 directed by the Court to be deposit vide order dated 9th September, 2022 into the account of the ld. Registrar General has not been paid. Thus, the said Mr. Hari Dutt Bhardwaj had to deposit a sum of Rs.1,50,000/- with the Registrar General of this Court.

38. In view of the aforesaid, issue bailable warrants (without process fee) for a sum of Rs.15,000/- to be served against Mr. Hari Dutt Bhardwaj to be executed through SHO Kalkaji. If the amount of Rs.1,50,000/- is deposited by Mr. Bhardwaj, the bailable warrants shall automatically be cancelled. Transfer of Amounts

39. It is submitted by ld. Counsels for the parties that vide order dated 1st February, 2022 passed in suit no. 61/1969 titled Mahant Ram Nath v. Tula Ram & Ors., this Court had directed the presence of Manager of State Bank of India (SBI), Tis Hazari in order to give complete statement of accounts of the amount lying deposited with the said bank pertaining to Kalkaji Mandir in CS(OS) 57/2022 [MISC. SCJ 279/2018] titled Prithi Nath & Ors. v. Tula Ram. It is their submission that the said direction has not been complied with till date. The said direction reads as under:

40. The Registrar General shall immediately contact the Manager, SBI, Tis Hazari and ensure that the compliance of this order is done. Manager, SBI shall also remain present on the next date of hearing. Let a report be placed on record by the worthy Registrar General, as the said amounts lying deposited are substantial and would be required for the redevelopment of the Mandir.

41. The complete statement of account shall be filed by Manager, SBI in a proper format and the same shall be placed before the Court on the next date of hearing.

42. A copy of this order be sent to the Registrar General for necessary action.

43. List on 5th October, 2023 at 3:30 p.m. CM APPL. 41312/2023

44. List on 12th September, 2023.

PRATHIBA M. SINGH JUDGE AUGUST 24, 2023 Rahul/dj/sk