Neeta Bhardwaj & Ors. v. Kamlesh Sharma

(xii) Provision of temporary electricity connection by BSES [Has been provided and meter installed]; (xiii)Removal of hawkers and unauthorized vendors from the periphery of the Kalkaji Mandir [Removed periodically with the help of Delhi Police];

(xiv) Setting up of shops for the purpose of Navratras [Completed];

(xv) Inspection of the Kalkaji Mandir premises by the Delhi Fire

6. All the above steps have been continuously supervised by the Ld. Administrator with cooperation from the civic agencies such as the SDMC, DJB, BSES, Delhi Police, revenue authorities, etc.

7. The orders passed in these proceedings have also 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:

8. In LPA No.172/2022 titled Vinayak Bhardwaj v. Neeta Bhardwaj, the ld. Division Bench has also affirmed this position. The operative portion of the said order dated 29th March, 2022 passed by the ld. Division Bench reads as under:

9. A perusal of the orders passed by this Court, the ld. Division Bench of this Court, as also, the Hon’ble Supreme Court, clearly shows that the redevelopment of the Kalkaji Mandir and its precincts is to continue. Accordingly, the ld. Administrator and Architect have held interactions with the baridaars, pujaris, as also, other stakeholders. Various meetings have been held between the concerned stakeholders. Pursuant to the said meetings, the Architect has today presented a fresh plan for the redevelopment of the Kalkaji Mandir premises.

10. At the outset, the recommendation of the Architect for improvement of the Kalkaji Mandir premises, keeping in mind, the green area which is surrounding the Mandir premises, as also, the land which is available for the redevelopment and the location of the sanctum-sanctorum, is that there ought to be two entries – one, from the Ram Piyao side, and another, from the Outer Ring Road/Okhla side. As per the Architect, the redevelopment of the Kalkaji Mandir involves preservation of the sanctity of the deities and the accompanying structures, as also, the creation of basic and essential facilities for the devotees, which include: i. Preservation and highlighting of the sanctum-sanctorum (garba griha); ii. Preservation of five small deities and temples which are located within the Kalkaji Mandir premises; iii. Providing proper access to the said temples and deities to the devotees; iv. Preservation of trees in the Mandir premises and creation of green areas; v. Provision of waiting areas for the devotees; vi. Creation of premises for pujaris’ temporary residence; vii. Provision of proper place for shops and kiosks for selling of samagri and other articles; viii. Provision of drinking water; ix. Provision of parking for devotees; x. Creation of proper entry and exit gates; xi. Creation of pathways for walking and ramp for the speciallyabled; xii. Creation of shelter and resting areas; xiii. Provision of other facilities, including bhandara hall, joota ghar, mundan hall, parikrama path, meditation hall, temple administration office, Hawan Kund, paid bhojanalya, Bhajan/Kirtan hall, Yatri niwas for pilgrims coming from out station, medical centre, toilets, scriptures/research centres, path for fire tenders, etc.

11. The Architect has also presented a video in Court, as to how he expects the final look and feel of the Kalkaji Mandir to be, after the implementation of the redevelopment plan which he is suggesting. For the presentation of the said redevelopment plan, he has also considered various other temples from India, including temples from South India. The philosophy behind the design and architecture of a temple has also been explained by the Architect. As shown by the Architect, the basic sketch for the redevelopment of the Kalkaji Mandir is as under:

12. The final aerial view of the Kalkaji Mandir, after the proposed redevelopment plan is implemented, has been set out below:

13. As per the Architect, the above redevelopment plan has been prepared taking into account the suggestions made by the various stakeholders, including the baridaars and pujaris.

14. On behalf of the baridaars/pujaris, another redevelopment plan, prepared by their Architect, Ms. Himanshi Kaushik from M/s. Earthgrove LLP in consultation with Mr. Vipul Gaur, has been presented to this Court. Some of the suggestions made on behalf of the baridaars and pujaris include provision of medical facilities, solar rooftops, facilities for the specially-abled, the internal arrangement within the bhandara hall and bhojanalaya, the creation of an administrative office for the Mandir, frisking booths, the designing of the main gate, space for movement of fire trucks in case of any emergency, and the internal arrangement in the dharamshalas, etc. The baridaars have given recommendations to the effect that there ought to be three zones in the temple premises. On this basis, the redevelopment plan of Mr. Chauhan has suggested three zones as under: • Zone-1 would be a no sound zone, with facilities such as meditation halls, waiting areas, temple administration office, and hawan kund; • Zone-2 would be the zone which has bhandara hall, joota hall, mundan hall, pujaris’ temporary residences; • Zone-3 would consist of facilities such as yatri niwas, paid bhojanalaya, bhajan/kirtan halls, etc.

15. This Court has viewed the presentations made by both the Architects and has perused the two development plans. Some of the suggestions made by the baridaars/pujaris can also be incorporated by the Court-appointed Architect. Accordingly, it is directed that the baridaars/pujaris and their Architect - Ms. Kaushik, may work together with Mr. Chauhan and prepare a joint redevelopment plan, after taking into account the suggestions of the baridaars/pujaris and integrating the same into the redevelopment plan which has been prepared by Mr. Chauhan. The joint redevelopment plan shall be finalized in coordination with the ld. Administrator. Let the said joint redevelopment plan be placed before this Court, on the next date of hearing.

16. List on 28th October, 2022 for presentation of the joint redevelopment plan. The approximate budgets etc., for the same shall also be presented on the said date. Demarcation of the Kalkaji Mandir Premises

17. Vide previous order dated 15th July, 2022, this Court had directed that the demarcation of the Kalkaji Mandir premises be carried out by the SDM Kalkaji by 31st July 2022 and a report in this regard be placed before the Court on the next date. The relevant extract of the said order dated 15th July, 2022 is as under:

18. The ld. Administrator has informed the Court that he has issued notice to the SDM, Kalkaji, however the demarcation of the Kalkaji Mandir premises has been delayed in view of the fact that the post of girdawar/kaanoongo is lying vacant in the Subdivision Kalkaji. The SDM has requested for deputation of Girdawar/Kanoongo from the ADM, District South East, by letter dated 23rd August, 2022.

19. This Court notes that the redevelopment of the Kalkaji Mandir could get held up, if the demarcation is not fully completed and accordingly, it is directed that the ADM, District South East shall immediately depute a Girdawar/Kanoongo for carrying out the demarcation of the Mandir land demarcation. If the said deputation does not take place within one week, the ld. Administrator/SDM, Kalkaji is permitted to approach this Court and mention the matter.

20. Mr. Tripathi, ld. Standing Counsel for GNCTD, assures the Court that the deputation would take place and the kanoongo shall be deputed even if the deputation is not final, for the purpose of demarcation of the Kalkaji Mandir premises.

21. Let the kanoongo be deputed immediately to ensure that the demarcation commences one week from today. Vacation of Dharamshalas

22. At the outset, the Registry has placed before this Court a copy of the order passed by the Hon’ble Supreme Court in SLP (C) 013726- 013728/2022 titled Vichiter Bhardwaj v. Neeta Bhardwaj and Ors. dated 5th August, 2022. The said order was passed in a challenge to the orders of this Court dated 27th September, 2021 and 1st June, 2022. The order passed by the Hon’ble Supreme Court reads as under: “2. Since the grievance of the petitioner is that he was not a party to the proceedings before the High Court, we grant liberty to the petitioner to move the High Court or, as the case may be, the Administrator with specific grievance, which shall be considered in accordance with law.

3. Subject to the grant of aforesaid liberty, the Special Leave Petitions are dismissed.

4. Liberty is also granted to the petitioner to move this Court afresh, including on the grounds which are sought to be raised in the present proceedings.”

23. Pursuant to the liberty, which has been granted to the petitioner therein, this Court notes that no one is present on behalf of Mr. Vichiter Bhardwaj today. The Court has also not been informed of any application, which has been moved by the said petitioner.

24. Ld. Administrator’s counsel has pointed out that the said Petitioner is an occupant of Mehtab Dharamshala and that the said occupant has approached the Supreme Court once again in the main SLP titled Nathi Ram Bhardwaj v. Neeta Bhardwaj and Ors., SLP (C) No. 10688-10689 of 2022. At this stage, the Court takes note of this position.

25. In so far as the occupants still residing in the dharamshalas are concerned, the ld. Administrator has reported that there are three families, totaling 18-20 people, still residing in the Fakirchand Dharamshala. Out of the three families, in one family there is a lady who is on family way and she has, on humanitarian grounds, sought further time to vacate the dharamshala. Accordingly, with respect to the family of the said lady, the ld. Administrator may give reasonable time for vacation, taking a humanitarian view of the matter. In so far as the other two families who are occupying the Fakirchand Dharamshala, the SHO, PS Kalkaji, is directed to get the dharamshala vacated, except by those residents who are protected by the previous order dated 15th July, 2022 or by today’s order or any orders of the ld. Division Bench or the Hon’ble Supreme Court.

26. Insofar as the Prajapati Dharamshala is concerned, the occupants of the said dharamshala are stated to have filed an impleadment application before the Supreme Court in Nathi Ram Bhardwaj & Ors. v. Neeta Bhardwaj & Ors., SLP (C) No. 10688-10689 of 2022, which is stated to be listed on 27th September, 2022. An affidavit dated 5th September, 2022 has also been filed by Mr. Bhagwan Das, occupant of the said Dharamshala, stating that they are read to comply with the directions of the Supreme Court, as and when passed. In view thereof, the orders in respect of the Prajapati Dharamshala are deferred for the time being.

27. Insofar as the jhuggi dwellers are concerned, ld. Administrator has informed the Court that there is one visually impaired man occupying a jhuggi in the Market Way. He had been offered a temporary space in the dharamshala upon vacation of the jhuggi, but he has refused to vacate and instead asked for a shop.

28. On this issue, Mr. Neeraj Bhardwaj, ld. Counsel, also submits that the said person, stated to be one Mr. Panchamdas, who is visually impaired, has come into occupation of the jhuggi in an illegal manner and has also leveled baseless allegations against the security staff of the Kalkaji Mandir, as also the police personnel.

29. Accordingly, the SHO, Kalkaji, is directed to remove the said Mr. Panchamdas from the jhuggi within one week. However, if he needs time to find an alternate accommodation, for a period of 30 days, temporary space shall be given to him by the ld. Administrator in any dharamshala. Insofar as his request for a shop or kiosk is concerned, the ld. Administrator shall enquire into his financial status, antecedents and whereabouts, and make a recommendation in this regard to the Court on the next date, after hearing Mr. Panchamdas.

30. Apart from these occupants, on behalf of 26 pujaris, today, Ms. Shilpa Gaur, ld. Counsel submits that her clients have filed an SLP vide Diary No.26481 of 2022 before the Hon’ble Supreme Court, which is likely to be listed on 27th September, 2022.

31. In this regard, insofar as pujaris are concerned, the Court has today viewed the redevelopment plans, which were submitted by Mr. Chauhan and on behalf of pujaris, as set out above. In both the redevelopment plans, there is adequate accommodation being made for the pujaris’ residence. The pujaris have also made their submissions and given their inputs qua the redevelopment. Notably, the redevelopment would be held up if the pujaris do not vacate at the time when the redevelopment process reaches the stage where the dharamshalas which are under their occupation, are to be completely removed/demolished. A number of pujaris are conscious of this position and are agreeable to undertake that they would hand over the possession of the dharamshalas at the time of commencement of the redevelopment. Some pujaris have also submitted undertakings to this effect to the ld. Administrator.

32. However, in view of the fact that the pujaris submit that they have filed SLPs or applications in SLPs, this Court awaits the orders of the SLP and other applications, which are stated to be listed on 27th September,

2022. In so far as the said occupants who have filed the SLP vide Diary No.26481 of 2022 are concerned, they shall not be required to vacate the premises for the time being. Vacation of Premises by Mr. Satish Chand Chauhan

33. It has been brought to the notice of this Court that one Mr. Satish Chand Chauhan, has created an obstruction in construction of the toilet block near the temporary shops. The said Mr. Chauhan is claiming rights in a part of the land which is adjacent to the temporary shops, which are currently constructed. An application filed before this Court on behalf of Mr. Satish Chand Chauhan, was considered vide order dated 5th August, 2022. His prayer was that the demolition activity ought not to take place. The said order dated 5th August, 2022, reads as under:

34. Vide the above order dated 5th August, 2022 this Court had directed demarcation of this land. Since the demarcation has been delayed, Mr. Chauhan has not vacated the land also and reportedly continues to obstruct construction.

35. This Court has been seized of the Kalkaji Mandir matters since July,

2021. Orders have been passed from time to time in respect of removal of all unauthorized occupants. The redevelopment plan of the Kalkaji Mandir is currently being considered by the Court. The temporary shops have already been created and the same are to be allotted. If the applicant had any rights, he has not been able to place any judicial order before this Court confirming his rights or recognizing his rights. Despite this, clearly, the conduct of Mr. Chauhan has led to the delay in the toilet block construction. The ld. Administrator appears to have identified an alternate space for the toilet complex, in light of the obstruction created by Mr. Satish Chand Chauhan. In the opinion of this Court, Mr. Satish Chand Chauhan, an individual who does not have any registered sale deed, title deed etc., in his favour, cannot create such obstruction.

36. At this stage, ld. counsel for Satish Chand Chauhan submits that if he is given ten days, he would vacate the land in his possession, without prejudice to his rights and contentions. Accordingly, Mr. Satish Chand Chauhan shall vacate the premises, on or before 19th September, 2022. If he does not vacate, the S.H.O., Kalkaji is permitted to take the requisite police personnel to evict Mr. Satish Chand Chauhan from the space which is under his possession.

37. It is made clear that the above direction shall be subject to any equities being adjusted upon demarcation taking place. Access to the Temporary Shops at the Lotus Temple Side and Deployment of Police Personnel

38. The Kalkaji Mandir complex has the following three entries and exits: i) Ram Piyao side; ii) Okhla side/Market Way Side; and iii) Lotus Temple side.

39. There is an additional fourth entrance from the VIP parking from the south side.

40. After engaging with the baridaars, pujaris, shopkeepers as also the Delhi Police and keeping in mind that the Navratras period is between 26th September, 2022 to 5th October, 2022, the ld. Administrator has recommended as under:

41. On this proposal to restrict the entries of devotees only from the Lotus Temple side, there are various submissions that the baridaars, pujaris and shopkeepers have made before the Court. A perusal of the recommendations of the ld. Administrator itself shows that during the Navratras and other emergent situations, the entry cannot be restricted only to the Lotus Temple side. Considering that the dates of Navratras are between 26th September, 2022 to 5th October, 2022, this Court at this stage does not wish to change the status quo as all the parties would have to be heard and their concerns have to be addressed.

42. Accordingly, it is directed that till the next date of hearing, the entry and exit would be continued in the same manner as it is currently being done in the Kalkaji Mandir premises.

43. However, since the ld. Administrator has expressed concerns in respect of deployment of police for crowd management, the S.H.O., Kalkaji is directed to deploy ten male and ten female constables each on a daily basis for stationing at the entry and exit points and for patrolling within the premises. The order dated 15th November, 2021 which reads as under shall also be compiled with:

44. However, for the period of the Navratras, since the everyday footfall of devotees is expected to be more than 1 lakh devotees a day, the S.H.O., Kalkaji, shall coordinate with the ld. Administrator and depute the required personnel for management of the crowd. It shall be the responsibility of the Delhi Police to ensure that there is no stampede or any such kind of heavy crowding situation and the crowd is managed properly in the Kalkaji Mandir premises, during the Navratras.

45. The ld. Administrator has also reported that unauthorized sale of phool, prasad, etc. is taking place within the Mandir premises. Ld. counsels for the baridaars submit that the baridaars are not involved in the sale of prasad.

46. Since the Court today is passing orders for allotment of the temporary shops to the shopkeepers whose names, etc. have already been finalized, the police personnel as also the baridaars and pujaris shall ensure that except in the allotted temporary shops, no sale of any articles, puja samagri, flowers, etc. would be permitted within the Kalkaji Mandir premises or even in the periphery of the Kalkaji Mandir by any hawkers, vendors, in an ad-hoc and informal manner. Commencement of bhandaras

47. Ld. Administrator has informed the Court that certain pujaris/baridaars have expressed the wish to organize bhandaras/free midday lunch service. On this issue, the ld. Administrator’s report states as under:

48. The above position is taken on record. Tehbazari to be paid by existing shops for sale of dry coconuts, lemons, diyas and jaiphal, supari and pan patta

49. Since the temporary shops were under construction and allotment of such temporary shops has yet to take place, certain shops selling dry coconuts, lemons, diyas, etc. were permitted by the ld. Administrator. Thereafter, the ld. Administrator has held meetings with pujaris/baridaars and shopkeepers on the amount of tehbazari to be paid for these shops.

50. As the Court is today permitting the allotment of the temporary shops, construction of which has already been completed as per the Architect, for the period during which these kiosks/shops selling dry coconuts, lemons, diyas, etc. were operating, only for the months for which they were operating, each of the shopkeepers shall pay a sum of Rs.50,000/- per month as tehbazari per shop as recommended by the ld. Administrator. The relevant paragraph of the ld. Administrator’s report is extracted below: “36. This Hon’ble Court may direct payment of Rs. 50,000/- per month as tehbazari per shop by Mr. Hari Dutt Bhardwaj, Mr. Kapil Bhardwaj, Mr. Lalit Bhardwaj, Mr. Laxmi Dutt Pandey and Mr. Vikash Bhardwaj for the months of July, August and September, 2022, till the commencement of the temporary shops into the account of the worthy

51. Insofar as temporary table spaces are concerned, no table spaces shall be allotted or permitted to operate from the Kalkaji Mandir premises henceforth. Shops/Vendors on the periphery of the Kalkaji Mandir premises

52. Vide previous order dated 25th April, 2022, this Court had also noted that several temporary stalls/vendors were operating on the periphery of the Kalkaji Mandir premises. This Court had directed the SDMC to clarify if any such vendors had been licensed by filing an affidavit in this regard. The said order dated 25th April, 2022 reads as under: “10. The ld. Administrator has also mentioned in Report No.5 that several temporary stalls/vendors are operating on the periphery of the Kalkaji Mandir premises. The SDMC to clarify if any vendors have been licensed in this area and if so, what are the numbers and details of such vendors, by filing an affidavit by the next date of hearing.

11. The issue of removal of vendors from the periphery of the Mandir shall be considered once the barricading is completed. In the meantime, it is directed that SDMC and the GNCTD shall not give any further permission to the street vendors for hawking in the periphery of the Kalkaji Mandir.

12. At this stage, ld. counsel for the GNCTD, submits that GNCTD does not give any hawking rights or any tehbazari for hawking to vendors.”

53. Pursuant to this order, no affidavit has been filed yet. Ld. Counsel for the SDMC has appeared today and submits that he does not have the information in this regard. The SDMC shall ensure that no vendors or hawkers shall be permitted to occupy the periphery of the Kalkaji Mandir as the same, according to Ld. Counsel for the Administrator and the baridaars/pujaris, obstructs the smooth ingress and egress of the devotees. The Delhi Police shall ensure compliance of this order. Allotment of Small Temporary Shops

54. The Architect has reported that the small temporary shops are ready for allotment. As per the ld. Administrator, 100 shopkeepers have been finalized who have deposited a sum of Rs.30,000/- each for the purposes of construction of small temporary shops. The list of the said persons is available with the ld. Administrator.

55. As recorded in Report No.6, the recommendation of the ld. Administrator in respect of tehbazari amount for the smaller temporary shops, is as under:

56. Pursuant to the above recommendations of the ld. Administrator, the tehbazari amount is fixed at Rs.1,000/- per day for all the shopkeepers who are allotted the small temporary shops. In respect of widows, the tehbazari amount shall be fixed at Rs. 500/- per day for the said shops. Depending upon the assessment of revenues which the ld. Administrator may make, the modification of the tehbazari amount would be considered by this Court, at a later stage.

57. Accordingly, allotment of all the small temporary shops shall commence from 14th September, 2022, as per the terms set out hereinabove. It is made clear that the deposit of the tehbazari amount for the first month shall be made by the shopkeepers at the time of allotment. Allotment of 16 Large Temporary Shops

58. As per order dated 1st June, 2022 passed by this Court, the following directions were issued in respect of the 16 large temporary shops:

59. The ld. Administrator would accordingly, finalize the list of the allottees in respect of the 16 large temporary shops. If any particular allottee is unwilling to pay the tehbazari amount as fixed by the Court, then the said person’s right to seek allotment of the said shop shall stand cancelled. The same shall then be allotted by the ld. Administrator to other bidders or persons who are willing to pay the said tehbazari amount.

60. Accordingly, allotment of the 16 large temporary shops shall also commence from 14th September, 2022, as per the terms set out hereinabove. It is made clear that the deposit of the tehbazari amount for the first month shall be made by the shopkeepers at the time of allotment. Release of further funds towards construction of the boundary wall and temporary shops, along with the toilet block

61. Vide order dated 15th July, 2022, the total budget which was presented to the Court by the Architect for the construction of shops, boundary wall and the toilet block, is approximately as under: i. Rs. 85.[5] lakhs + GST for Shops ii. Rs. 19.[5] lakhs + GST for boundary walls iii. Rs. 17 lakhs + GST for toilets

62. On four dates, vide orders dated 25th April, 2022, 13th May, 2022, 1st June, 2022 and 15th July, 2022, a total sum of Rs.[1] crore has already been directed to be released to the ld. Administrator’s account. The disbursements which have been made till date, are contained in the report of the ld. Administrator, and are reproduced below:

63. The Architect, Mr. Chauhan, informs the Court that the construction of the temporary shops is almost complete and 80% of the boundary wall also stands constructed in the form of a metal sheet. He submits that if the demarcation changes the boundary of the Kalkaji Mandir premises, the same very barricading/metal sheets would be used for moving of the boundary wall.

64. Insofar as the toilet block is concerned, since some obstruction was faced by the Architect during the construction of the same, the toilet block has been decided to be relocated in consultation with the ld. Administrator. Hence, he seeks time till 20th October, 2022 to complete the construction of the toilet block.

65. The total amount which was already recorded in order dated 15th July, 2022, was Rs.1.22 crores plus GST. Accordingly, a further sum of Rs.35 lakhs is directed to be released for the said construction. The payment shall be released from the account of the “Registrar General, Delhi High Court, A/c ‘Kalkaji Mandir Fund’ vide A/c No.15530110155950 IFSC Code UCBA0001553J” to the “Administrator of Shri Kalkaji Mandir Appointed by Court” in UCO Bank, Delhi High Court Branch, vide A/c. No.15530210003589 IFSC Code UCBA0001553 (hereinafter “Administrator's UCO Bank Account”). The remaining amounts, if any, after the completion of the temporary shops, boundary wall, and the toilet block, shall be considered by this Court, on the next date of hearing. Request by shopkeepers for refund of monies

66. As per Report No.8, the ld. Administrator has received a representation dated 31st August, 2022 from some of the applicants for shops, namely, Mr. Rajender Aggarwal, Mr. Tanuj Khanna, Smt. Geeta Devi and Mr. Amit Sharma stating that they had earlier sought allotment of smaller temporary shops and deposited the one-time cost of construction of Rs.30,000/- towards the same. Thereafter, the said applicants are stated to have deposited an additional sum of Rs.70,000/- towards the larger shops as well. The said applicants wish to withdraw their applications for larger temporary shops and seek refund of monies paid towards the same. The ld. Administrator has reported as under:

67. Let the Cash Branch of the Registry file a report before this Court by the next date, as to whether the said applicants, namely Mr. Rajender Aggarwal, Mr. Tanuj Khanna, Smt. Geeta Devi and Mr. Amit Sharma, had deposited the additional sum of Rs.70,000/-, along with the sum of Rs.30,000/- as stated above. Upon receiving the said report, the refund of money as sought shall be considered. Compliance of the order dated 22nd July, 2022 passed by this Court

68. Vide order dated 22nd July, 2022 in CM APPL No.32093/2022, the three pujaris, namely, Mr. Vipul Gaur, Mr. Ajay Bhardwaj & Mr. Vijay Bhardwaj were given the liberty to appear before the ld. Administrator to give undertakings to vacate the premises and handover possession of the same at the commencement of the redevelopment of the Mandir.

69. It is noted that all the three persons have given undertakings that they would vacate the premises, as soon as the redevelopment of the Mandir commences. The said undertakings are extracted hereinbelow: “UNDERTAKING I, Vipul Gaur S/o Late Sh. Daya Nand Gaur R/o BE- 8, DDA Flats, Munirka, New Delhi is the pujari of Mandir Sri Kalkaji and belong to Thula Jasram of Thok Brahmins. The present Undertaking is being filed in terms of the orders passed by Hon'ble Delhi High Court in CM APPL. No. 32093 / 2022 IN FAO No. 36 of 2021. The undertaking is as follows: I am in possession and occupation of Sarjoo Dharamshala which is situated within the precincts of Mandir Sri Kalkaji on the land belonging to Shamlat Thok Brahmins and Thok Jogians. I am also one of the co - owner in the said land being in Thok Brahmins. The said Sarjoo Dharamshala is used only for the purpose of temple and devotees and not for any commercial purpose. That since the matter of re - development of Sri Kalkaji Mandir is pending before Hon'ble High Court of Delhi and before Hon'ble Supreme Court of India, I hereby undertake that I shall vacate the said Dharamshala as and when the re – development of Mandir begins with an approved development plan and as per the directions I orders passed by the Hon'ble Supreme Court of India in SLP (c) No. 32452 / 20 1 3 with other tagged SLPs.”

70. Similar undertakings have also been given by Mr. Ajay Bhardwaj (for Gote Wali Dharamshala) and Mr. Vijay Bhardwaj (for Shri Bhagwan Dharamshala).

71. Upon a query to Mr. Bhardwaj, ld. Counsel that the undertakings are not in terms of the order dated 22nd July 2022, he submits that the above undertakings may be considered in terms of the above order dated 22nd July,

2022. Thus, the above undertakings are accepted and shall be read in terms of paragraph 3 of the order dated 22nd July, 2022 passed by this Court, and extracted hereinbelow:

72. Accordingly, all the three persons, namely, Mr. Vipul Gaur, Mr. Ajay Bhardwaj & Mr. Vijay Bhardwaj, shall be bound by the above undertakings, in terms of the order dated 22nd July, 2022. Therefore, the formal possession of the dharamshala shall now vest with the ld. Administrator. However, the said persons would be entitled to occupy the premises only till the redevelopment commences. Ordered accordingly. Misconduct of and Deposit of Amounts by the Baridaars

73. Vide order dated 1st June, 2022, this Court had recorded as under:

74. In view of the above, Mr. Raj Kishore Gaur, Mr. Ram Kishore Gaur and Mr. Vipin Bhardwaj were directed to appear before the Court on the next date of hearing. However, they have not entered appearance till date.

75. Accordingly, the SHO, Kalkaji shall take steps to serve a copy of today’s order, along with a notice to the said three persons, namely, Mr. Raj Kishore Gaur, Mr. Ram Kishore Gaur and Mr. Vipin Bhardwaj, so that they can appear on the next date of hearing.

76. Insofar as the share of Rs.[2] lakhs to be deposited by the heirs of Late Sh. Salig Ram is concerned, their stand is that Rs.4,93,496/- is lying deposited with the worthy Registrar General of this Court. Hence, it is submitted that their share of Rs.[2] lakhs may be adjusted from the said deposited amount. The same shall be considered by this Court, on the next date. For the said purpose, let notice be issued by the ld. Administrator to the legal representatives of Late Sh. Salig Ram.

77. In respect of the bari commencing on 13th /14th March, 2022 till 11th April, 2022, a sum of Rs.23,000/- is to be deposited by the legal heirs of Late Mr. R.N. Bhardwaj, as also, legal heirs of Late Mr. P.D. Bhardwaj, whose names are as under: Legal Representative of Lt. Mr. R.N. Bhardwaj • Mr. Y.N. Bhardwaj • Mr. U.N. Bhardwaj Legal Representative of Lt. P.D. Bhardwaj • Mr. Narender Bhardwaj • Mr. Jitender Bhardwaj • Mr. Ashok Bhardwaj • Mr. Nakul Bhardwaj • Mr. Kapil Bhardwaj

78. The ld. Administrator shall issue a communication on their respective mobile numbers for deposit of the said amount. The said amount shall be deposited by the abovementioned legal heirs of Late Mr. R.N. Bhardwaj, and Late Mr. P.D. Bhardwaj, by the next of hearing, failing which, orders would be passed by this Court on the next date of hearing. Distribution of VIP Passes

79. Insofar as the distribution of VIP passes is concerned, the ld. Administrator shall consider the matter in a holistic manner and take a decision as to whether VIP passes should be issued or not, as also, the manner in which the same needs to be regulated. The directions, if any, issued by the ld. Administrator, shall be complied with by all the baridaars, pujaris and shopkeepers, and all other visitors to the Kalkaji Mandir. The Delhi Police shall cooperate with the ld. Administrator in enforcing his decision relating to the distribution of VIP passes.

80. List on 28th October, 2022 for presentation of the joint redevelopment plan. The approximate budgets etc., for the same shall also be presented on the said date.

81. Copy of today’s order be supplied to Mr. Santosh Kumar Tripathi, Ld. Standing Counsel (Civil), GNCTD, Mr. Arun Birbal, ld. Counsel for DDA & SDMC, with a direction to further communicate the same to the concerned officials of the Delhi Police, DDA, and SDMC, who are to comply with the directions given above. website of the Delhi High Court, www.delhihighcourt.nic.in, shall be treated as the certified copy of the order for the purpose of ensuring compliance. No physical copy of orders shall be insisted by any authority/entity or litigant.

PRATHIBA M. SINGH JUDGE SEPTEMBER 9, 2022/Rahul/ad/ms