Full Text
HIGH COURT OF DELHI
Date of Decision: 14th September, 2022.
55/2022, 40548-49/2022 NEETA BHARDWAJ & ORS. ..... Appellants
19915/2022
2022:DHC:3664 Appearances:- Mr. Arun Birbal, Ms. Sonia Singhania & Mr. Sanjay Singh, Advocates for
DDA. (M:9958118327)
Ms. Shilpa Goel, Ms. Garima Anand & Mr. Akarshan Bhardwaj, Advocates
(M-9711549953).
Mr. Sarvesh Bhardwaj, Advocate (M-9350301058).
Inspector Balbir Singh, SHO Kalkaji and Inspector Manu, PS Kalkaji.
Mr. Lokesh Bhardwaj, Advocate. (M:9971576388)
Ms. Samapika Biswal and Mr. Aman Kumar Yadav, Advocates for Ld.
Administrator. (M:9406951592)
Mr. Siddharth Panda and Mr. Ritank, Advocates for MCD. (M:9891488088)
Mr. Prateek Singh and Mr. Rahul Kumar, Advocates. (M:9899163427)
Mr. Zoheb Hossain, Advocate. (M:9999711099)
Mr. Paul Kumar Kalai and Mr. Kaoliangpou Kamei, Advocate.
(M:8376813694)
Mr. Bharmednra Baghel and Dr. Chauru Wali Khanna, Advocate.
(M:9871709035)
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. CM APPL. 40549/2022 in FAO 36/2021
3. Allowed, subject to all just exceptions. CM APLL.40549/2022 is disposed of. CM APPL.40548/2022 (u/O I Rule 10 CPC) in FAO 36/2021
4. This is an application filed on behalf of the Applicant - Shri Gardaiya (Baghel) Panchaty Kalkaji Dharamshala Samiti (hereinafter, “dharamshala”). The prayers in the present application are for the desealing of the dharamshala and for space to be allotted for the purposes of this dharamshala in the final redevelopment of the Kalkaji Mandir.
5. Insofar as the impleadment is concerned, the Applicant is permitted to appear and make submissions in these matters.
6. Insofar as the prayer in respect of desealing of the dharamshala and allocation of space is concerned, ld. Counsel for the Applicant submits that this is a dharamshala where there are no permanent occupants. However, devotees who visit from out of station are permitted to stay in the dharamshala for brief periods of time, running into two to three days. It is prayed that the dharamshala be permitted to be impleaded in the matter and they not be evicted from the premises.
7. Ld. Counsel for the Applicant further submits that the dharamshala is willing to give an undertaking to the effect that, upon the commencement of the redevelopment of the Kalkaji Mandir, the dharamshala would be vacated, subject to the directions which may be passed by ld. Administrator for allocation of an appropriate space as part of the redevelopment plan. For this purpose, the Applicant is permitted to appear before the ld. Administrator who shall consider their submissions.
8. Ld. Counsel for the ld. Administrator submits that the ld. Mediator would be holding a meeting with various stakeholders on 16th September, 2022 after 4:00 p.m. Accordingly, the Applicant may appear before the ld. Administrator on the said date. Let the ld. Administrator deal with this issue in the next report for consideration by this Court. CM APPL. 32296/2022 & CM APPL. 5865/2022 in FAO 36/2021
9. These are applications filed on behalf of the Applicants who are jhuggi dwellers who were evicted from the Kalkaji Mandir premises seeking impleadment in the matter, as also, directions for rehabilitation as per the DUSIB Policy of 2015.
10. Ld. Counsel for the Applicants relies upon Clause 4 of Delhi Slum & JJ Rehabilitation and Relocation Policy, 2015, which reads as under:
11. Issue notice to Mr. Parvinder Chauhan, ld. Counsel for DUSIB. Let the Applicants serve a copy of these applications upon Mr. Chauhan, ld. Counsel, who shall file a reply, if any, and seek instructions by the next date of hearing as to whether the Applicants are entitled to rehabilitation in terms of the above extracted policy. TDS Deductions
12. Vide order dated 15th July, 2022, this Court had directed as under:
13. Today, Mr. Zoheb Hossain, ld. Standing Counsel has made his submissions in respect of the TDS exemption that can be granted for donations received for the redevelopment of the Kalkaji Mandir, as also, on the aspect as to whether the TDS would have to be deducted in respect of payments received or payments made from the bank account in the name of the ld. Administrator.
14. Mr. Hossain brings to the notice of this Court that one of the Trusts of the Kalkaji Mandir is registered under Section 12A of the Income Tax Act,
1961. However, he submits that he is not aware of the exact status of the said Trust.
15. He further submits that, under Section 80G(2)(b) of the Income Tax Act, 1961, any sums paid by an assessee as donation for the purpose of renovation or repair of any temple, mosque, gurdwara, church or other place as is notified by the Central Government in the Official Gazette to be of historic, archaeological or artistic importance or to be a place of public worship of renown through any State or States, would be entitled to deductions in terms of the said provision.
16. Ld. Administrator may consider the above aspects and set out the manner in which the Kalkaji Mandir Redevelopment Fund would be required to be operated and recognised for such deductions under Section 80G.
17. Mr. Zoheb Hossain, ld. Standing Counsel is willing to interact with the ld. Administrator in this regard. Accordingly, let a meeting be held for the said purpose and the ld. Administrator’s proposal be placed before this Court, on the next date of hearing.
18. List all the matters on 28th October, 2022 at 2:30 PM.
PRATHIBA M. SINGH JUDGE SEPTEMBER 14, 2022 Rahul/dj/ad