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HIGH COURT OF DELHI
Date of Decision: 14th February, 2023
55/2022, 40548/2022, 43723/2022, CM APPL. 52152/2022
NEETA BHARDWAJ & ORS. ..... Appellants
Appearances:- Mr. Arun Birbal, Mr. Sanjay Singh & Ms. Sonia Singhania, Advocates for
DDA. (M:9958118327)
Mr. Lokesh Bhardwaj, Advocate. (M:9971576388)
Mr. Sarvesh Bhardwaj, Advocate.
Mr. Kush Bhardwaj, Advocate. (M:9891074686)
Ms. Samapika Biswal and Mr. Aman Kumar Yadav, Advocates for Ld.
Administrator. (M:9406951592)
Mr. Luv Bhardwaj, Advocate (M-9990693140)
Mr. Siddharth Panda and Mr. Ritank, Advs. for SDMC. (M:9891488088)
Mr. Zoheb Hossain, Advocate. (M:9999711099).
Mr. Satish Sahai, Advocate (M-9811029493).
Ms. Preeti Chaudhary, Advocate (M-9582468918).
Mr. Akarshan Bhardwaj, Ms. Garima Anand & Mr. Nitin Panwar, Advs.
Mr. Satyam Thareja, Advocate (M-9711097019).
Mr. Thakur Sumit, Adovcate (M-9968454481)
Mr. Ishkaran Singh, Advocate for 19 shopkeepers. (M:9582021885)
Mr. Aly Mirza and Mr Prabhas Chandra Advocates for R-10. (M: 9899720944)
Mr. Paul Kumar Kalai and Mr. Kaoliangpov Kamei, Advs for Petitioner.
(M:8376813694).
Mr. Puneet Jain & Mr. Yogit Kamat, Advocates Dr. Charu Wali Khanna and Mr. Dharmendra Baghel, Advs. (M:9871709035)
Mr. Rajesh Kumar Gupta, Advocate for R-58(iii).
Mr. K.G. Chhokar, Advocate (M-9896030124).
Mr. Ankur Kashyap & Mr. Aditya Panda, Advocate for R-1 (M-9971852807)
Mr. Neeraj Kumar, Mr. Harshvardhan Sharma and Mr. Ashutosh Kumar
Pandey for R-1a, b, c, d, 2 ,3, 4 & 5. (M: 9811338696)
Mr. R.K. Bhardwaj, Advocate (M: 9312710457).
Mr. Rajmangal Kumar (M: 9871211544).
Ms. Sonia Singlaw, Advocate for DDA.
Mr. Rajeev M. Roy and Mr. P. Srinivasan, Advocates for R-1.
Mr. Rakesh Kumar, SHO.
JUDGMENT
1. This hearing has been done through hybrid mode.
2. These matters pertain to the Kalkaji Mandir, which this Court has been hearing from time to time. These are part-heard matters.
3. Report No. 10 of the ld. Administrator dated 11th February, 2023 has been received. The same is to be perused by the Court.
4. In the meantime, it is noticed by the Court that the movement of devotees inside the Kalkaji Mandir continues to be disturbed owing to the fact that there are multiple entrances and exits to the Mandir. Moreover, even the temporary shops constructed are not being put to use. The allottees of these shops are refusing to pay the Teh bazari fixed by the Court. One of the reasons for this state of affairs appears to be that the vendors and hawkers, not authorised by the ld. Administrator continue to sell pooja samagri, prasad, etc. in the periphery, as also inside the Mandir.
5. It is submitted by Ms. Samapika Biswal, ld. Counsel for the Administrator, that in view of the G-20 New Delhi Summit on 9th and 10th September, 2023, the Government is keen to beautify the city. It is her submission that for the beautification of periphery of the Kalkaji Mandir, 51 street vendors which are stated to be registered by the SDMC under the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 would have to be moved to a designated place.
6. SHO, PS Kalkaji- Mr. Rakesh Kumar and the Architect- Mr. Goonmeet Singh Chauhan have appeared virtually today in the Court proceedings.
7. Mr. Chauhan submits that in order to regulate the influx and efflux of devotees, a proper movement plan for the Kalkaji Mandir has been prepared. The same shall be considered by the Court on 22nd February, 2023.
8. In the meantime, SHO PS Kalkaji shall ensure that the 51 street hawkers in the periphery of the Kalkaji Mandir, registered with the SDMC, are moved to a designated area as may be identified by the SDMC. All the remaining street vendors and hawkers, whether inside or in the periphery of the Mandir, shall not be permitted to sell or hawk their wares in the Mandir. Except the said 51 vendors, for whom a designated space has to be allotted, all other vendors shall be removed. Action in this regard shall be taken within the next three days.
9. The SHO shall take action in cooperation with the officials of the SDMC and place a report on record by the next date of hearing qua the identification of the designated place and removal of the unregistered hawkers.
10. This order is being passed in order to ensure that the devotees are able to access the Mandir in an orderly fashion and they are not repeatedly accosted by vendors who keep trying to sell their wares to the devotees.
11. At this stage, it is pointed out by Mr. R.K. Bhardwaj, ld. Counsel that with the efflux of time, certain modifications are required in the order dated 27th September, 2021 passed by the Court. Accordingly, ld. Counsel for the parties are permitted to bring their suggestions in respect of the modifications which they wish to seek qua the order dated 27th September, 2021 on the next date of hearing.
12. List for receiving the action taken report by the SHO/ SDMC and for further consideration on 22nd February, 2023 at 3.30 pm.
PRATHIBA M. SINGH, J. FEBRUARY 14, 2023 MR/SK/kt