Full Text
HIGH COURT OF DELHI
Date of Decision: 22nd December, 2022
55/2022, 40548/2022, 43723/2022, CM APPL. 52152/2022
NEETA BHARDWAJ & ORS. ..... Appellants
19915/2022
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, Advocates 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, Advocates.
Mr. Satyam Thareja, Advocate (M-9711097019).
Mr. Thakur Sumit, Adovcate (M-9968454481)
Mr. Ishkaran Singh, Advocate for 19 shopkeepers. (M:9582021885)
Mr. Aly Mirza, Advocates. (M:9871284033)
Mr. Paul Kumar Kalai and Mr. Kaoliangpov Kamei, Advocates for Petitioner.
(M:8376813694).
Mr. Puneet Jain & Mr. Yogit Kamat, Advocates Dr. Charu Wali Khanna and Mr. Dharmendra Baghel, Advocates.
(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 Bhardwaj, Advocate. (M:9350271061)
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. At the outset, this Court has been apprised of the latest order dated 5th December, 2022 passed by the Hon’ble Supreme Court in SLP (C) Nos.32452-32453/2013 titled “Kalkaji Mandir Vikreta Sangathan-II & Ors. v. Piyush Joshi & Ors.”. The said order is extracted below: “In view of the letter for adjournment circulated by the learned counsel for respondent no. 10 in SLP (C) Nos. 32452- 32453/2013 and SLP (C) Nos. 19344-19345/2021, re-list on a non-miscellaneous day in the month of March 2023. Pleadings etc., in the form of reply/counter affidavit/ objections, will be completed within four weeks from today. Rejoinder affidavit, if any, will be filed within four weeks after service of reply/counter affidavit/objections.”
4. Referring to the above order dated 5th December, 2022, Mr. R.K. Bhardwaj, ld. Counsel, as also, other ld. Counsels for the parties submit that the matters relating to the Kalkaji Mandir which are being heard by the Hon’ble Supreme Court are listed in the month of March, 2023.
5. However, ld. Counsel for the Administrator submits that there are certain urgent directions which are required in these matters, to streamline the preparations for the New Year period, as also, to regulate the increase in footfall to the Kalkaji Mandir during the said period. It is also submitted that, in terms of the various orders which have been passed by the Hon’ble Supreme Court, in matters relating to the Kalkaji Mandir, arising out of the orders passed by this Court in the present proceedings, the redevelopment of the Kalkaji Mandir has not been directed to be stayed in any manner.
6. Accordingly, these matters have been taken up and the following directions are issued on the aspects which need urgent consideration. Directions for the period of New Year
7. Ld. Counsel for the ld. Administrator submits that, on the eve of the New Year, as also, on the first day of the New Year, the number of visitors to the Kalkaji Mandir is expected to be in lakhs. Considering the same, there would be an urgent requirement for deployment of Delhi Police personnel, as also, Home Guards in place of the Civil Defence Volunteers, for both the said dates.
8. In response, Mr. Rakesh Kumar, SHO, PS Kalkaji, is present in Court. He submits that he has already requested for one full company of personnel to be deputed at the Kalkaji Mandir.
9. Accordingly, it is directed that at least 100 Delhi Police personnel shall be deputed on both the said dates, i.e., 31st December, 2022 and 1st January, 2023, from morning till night, along with barricades, so as to ensure access to the Kalkaji Mandir premises, in an orderly manner.
10. In addition, in his Report No.9 dated 27th October, 2022, the ld. Administrator requests for deployment of Home Guards. The relevant extract of the said Report No.9 is set out below: “13.Presently, for the purpose of security and crowd management, the office of the undersigned employs Civil Defence Volunteers and Security Guards in equal numbers. The undersigned is of the opinion that the security arrangements in the Mandir should comprise of Home Guards who are trained and experienced personnel, in place of Civil Defence Volunteers. In this regard, it may be noted that as early as in November, 2021, the undersigned had issued a notice dated 22.11.2021 bearing no. 20 to the Director General, Civil Defence, Fire and Home Guards, Ministry of Home Affairs to deploy ten home guards in two shifts of five each, comprising of three males and two females in the Mandir. Copy of the notice dated 22.11.2021 bearing NO. 20 issued to the Director General, Civil Defence, Fire and Home Guards, Ministry of Home Affairs is annexed herewith and marked as Annexure I. However, there was no response to the said notice.
14. On enquiry, it has been informed to the office of the undersigned that the concerned authority for the deployment of Home Guards is the Director General, Home Guards, Directorate General Home Guards, Nishkam Sewa Bhawan, Raja Garden, New Delhi, presently, Sh. S B K Singh, IPS. This Hon'ble Court may therefore direct the concerned authority to deploy ten Home Guards in two shifts of five each, comprising of three males and two females for maintenance of safety and security in the Mandir.”
11. For the said purpose, ld. Administrator may make a request to the Director General, Civil Defence, Fire and Home Guards, Ministry of Home Affairs, who shall then consider the request on behalf of the ld. Administrator and depute the required number of Home Guards, to ensure the maintenance of safety and security of devotees in the Mandir, on a daily basis. Redevelopment of the Kalkaji Mandir
12. As recorded in the previous orders of this Court, the orders passed in these proceedings have been challenged before the Hon'ble Supreme Court in various SLPs, wherein the following orders have been passed by the Supreme Court:
(i) Vide order dated 25th March, 2022 passed by the Hon'ble
Supreme Court in SLP (C) Diary No.9073/2022 titled Nathi Ram Bhardwaj & Ors. v. Neeta Bhardwaj & Ors., the Hon’ble Supreme Court has observed as under:
(ii) SLP (C) Nos.010688-010689/2022 titled Nathi Ram
Bhardwaj & Ors. v. Neeta Bhardwaj & Ors. The 17 Petitioners in these SLPs are pujaris who conduct puja sewa at the Kalkaji Mandir. In this SLP, the following order was passed by the Hon'ble Supreme Court, on 13th June, 2022: “Heard learned counsel appearing for the petitioners and perused the material available on record. Application seeking permission to file the Special Leave Petitions is allowed. Applications seeking exemption from filing the certified copy of the impugned orders as also for seeking exemption from filing the official translation of the Annexure are allowed. Issue notice to the respondents Dasti service, in addition, is permitted. In the meanwhile, there shall be no impediment for carrying out the redevelopment as directed by High Court of Delhi through the orders impugned herein but such re-development shall be without dispossessing the petitioners from the premises wherein they are stated to be residing at present. Tag this Special Leave Petitions along with Special Leave Petitions(Civil) Nos. 32452- 32453 of 2013.”
(iii) SLP (C) 011140-011141/2022 titled Ram Swarath Singh & Ors. v. Neeta Bhardwaj & Ors., was filed by the occupants of the Saligram Kayastha Dharamshala. In the said SLP, the following order dated 27th June, 2022 was passed by the Hon’ble Supreme Court: “Heard learned counsel for the parties. We are not inclined to entertain the Special Leave Petitions under Article 136 of the Constitution. The same are accordingly, dismissed. We however, grant liberty to the petitioners to approach the ld. Administrator appointed by the High Court with their grievances including allotment of alternative spaces for rehabilitation. We have no reason to doubt that the Administrator shall examine such claims in accordance with law and policy. If the petitioners file an undertaking before the Administrator to hand-over peaceful vacant possession, they shall be permitted to retain possession for a period of two weeks. Pending applications, if any, shall stand disposed of.”
(iv) SLP (C) 013726-013728/2022 titled Vichiter Bhardwaj v. Neeta Bhardwaj and Ors., wherein the Hon’ble Supreme Court has, vide order dated 5th August, 2022, observed as under:
(v) The order dated 10th October, 2022 passed in SLP Diary
No.26481/2022 titled Ved Prakash Bharadwaj & Ors. v. Neeta Bharadwaj & Ors., which relates to 26 pujaris occupying the dharamshalas. The said order reads as under: “7. Permission to file SLP is granted.
2. Issue notice to the respondents.
3. Dasti service, in addition, is permitted.
4. In the meanwhile, there shall be no impediment for carrying out the redevelopment, as directed by the learned Single Judge of the High Court, but such redevelopment shall be without dispossessing the petitioners from the premises wherein, they are stated to be in occupation at present.”
(vi) The order dated 17th October, 2022 passed in a batch of
SLPs, tagged with SLP No.32452-32453/2013 titled Kalkaji Mandir Vikreta Sangathan-II & Ors. v. Piyush Joshi & Ors., reads as under: “1 Having regard to the wider canvas of the matter, we request Ms Aishwarya Bhati, Additional Solicitor General, to assist the Court as amicus curiae. For facilitating requisite assistance to Ms. Aishwarya Bhati, we also request Ms Archana Pathak Dave, counsel to assist.
2 The Registry shall supply soft copies of the paper books and other documents to Ms Aishwarya Bhati and Ms Archana Pathak Dave.
13. A perusal of the above orders passed by the Hon’ble Supreme Court shows that the Supreme Court has clearly observed that there shall be no stoppage in the redevelopment process of the Kalkaji Mandir.
14. Accordingly, the ld. Administrator may proceed further to hold meetings with the Architect appointed by this Court, as also, the Architect on behalf of the pujaris/baridaars. Any proposals for making further modifications in the redevelopment plan of the Kalkaji Mandir, shall be placed before this Court, along with the budget in respect thereof, on the next date of hearing. The said meeting may be called by the ld. Administrator after conferring with the concerned parties.
15. List these matters for hearing on 14th February, 2023, at 2:30 PM. CM(M) 575/2021 & RFA 414/2021
16. List on 3rd February, 2023, at 2:30 PM.
PRATHIBA M. SINGH, J. DECEMBER 22, 2022 dj/ad