Neeta Bhardwaj & Ors. vs Kamlesh Sharma on 9 September, 2022

[Cites 4, Cited by 0]

Delhi High Court

Neeta Bhardwaj & Ors. vs Kamlesh Sharma on 9 September, 2022

Bench: Prathiba M. Singh

                          $~3(SB), 2(SB), 4(SB), 5(SB), & 17 to 35
                          *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                                                                 Date of decision: 9th September, 2022.
                          +    FAO 36/2021 & CM APPLs.2914/2021, 10442/2021, 10444/2021,
                               20904/2021, 23819/2021, 25868/2021, 25869/2021, 25870/2021,
                               25884/2021, 25885/2021, 26495/2021, 29121/2021, 38063/2021,
                               38289/2021, 39643/2021, 43944-46/2021, 3172/2022, 3455/2022,
                               5641/2022, 5642/2022, 5803/2022, 5865/2022, 7745/2022, 13472/2022,
                               16153/2022, 17039/2022, 18207/2022, 18247/2022, 18248/2022,
                               21768/2022, 21801/2022, 21802/2022, 21803/2022, 22125/2022,
                               23093/2022, 29624/2022, 32296/2022, 34552/2022, 34553/2022
                               NEETA BHARDWAJ & ORS.                                     ..... Appellants
                                                   versus
                               KAMLESH SHARMA                                          ..... Respondent
                                                   With
                          +    CM (M) 323/2021 & CM APPL. 14178/2021, 20945/2021,
                               20949/2021, 40269/2021
                          +    CM (M) 575/2021 & 43796/2021
                          +    CONT.CAS(C) 614/2021
                          +    CS (OS) 2499/2010
                          +    CS (OS) 511/2021
                          +    CS (OS) 526/2021 & I.A. 7511/2022
                          +    CS (OS) 527/2021 & I.As.1717-18/2022
                          +    CS (OS) 533/2021 & I.As.1721-22/2022
                          +    CS (OS) 535/2021 & I.A. 7552/2022
                          +    CS (OS) 538/2021 & I.As.1725-26/2022
                          +    CS (OS) 539/2021 & I.As. 9063/2022, 9064/2022
                          +    CS (OS) 540/2021 & I.A. 7940/2022
                          +    CS (OS) 541/2021 & I.As.1723-24/2022
                          +    CS (OS) 542/2021 & I.As. 9031/2022, 9032/2022
                          +    CS (OS) 544/2021 & I.As.1719-20/2022
                          +    CS (OS) 545/2021
                          +    CS (OS) 547/2021 & I.As.1715-16/2022
                          +    CS (OS) 554/2021 & I.As. 9061/2022, 9062/2022
                          +    CS (OS) 579/2021 & I.As. 9981/2022, 9982/2022
                          +    CS (OS) 55/2022, I.As.12299/2022, 12300/2022, 12341-42/2022
                          +    CS (OS) 56/2022 & I.A.12340/2022
                          +    CS (OS) 57/2022
                          Appearances:-
                          Mr. Arun Birbal, Ms. Sonia Singhania & Mr. Sanjay Singh, Advocates for


Signature Not Verified
                          FAO 36/2021 & connected matters                                      Page 1 of 34
Digitally Signed
By:DEVANSHU JOSHI
Signing Date:12.09.2022
18:02:25
                           DDA. (M:9958118327)
                          Mr. Rajmangal Kumar and Mr. Uveis Ahmed, Advocates. (M-9871211544).
                          Mr. Neeraj Bhardwaj, Advocate with Mr. Vipul Gaur (M-9350271061).
                          Mr. Prabhas Chandra & Mr. Aly Mirza, Advocates (M-9871284633).
                          Ms. Shilpa Goel, Ms. Garima Anand & Mr. Akarshan Bhardwaj, Advocates
                          (M-9711549953).
                          Mr. Paul Kumar Kalai, Mr. Lhingdeihat Chongloi & Mr. Kaoliangpou Kamei,
                          Advocates (M-8376813694).
                          Mr. Sarvesh Bhardwaj, Advocate (M-9350301058).
                          Mr. Amit Saxena, Mr. Satish Chauhan & Mr. Sachin Jain, Advocates.
                          (M:9811360525)
                          Inspector Balbir Singh, SHO Kalkaji and Inspector Manu, PS Kalkaji.
                          Mr. Nitin Jain, Advocate. (M:9716569056)
                          Ms. Kiran Bala Aggarwal, Advocate. (M:8851140009)
                          Mr. Lokesh Bhardwaj, Advocate. (M:9971576388)
                          Mr. Amit Poddar, Advocate for R-1/Applicant. (M:9899177022)
                          Ms. Samapika Biswal, Advocate for Ld. Administrator. (M:9406951592)
                          Mr. Santosh Kumar Tripathi, Ld. Standing Counsel (Civil), GNCTD

                                 CORAM:
                                 JUSTICE PRATHIBA M. SINGH
                          Prathiba M. Singh, J. (Oral)

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. Today, the ld. Administrator has placed on record Report No.8 dated 7th September, 2022 (hereinafter, "Report No.8"), in respect of redevelopment of the Kalkaji Mandir and other issues. Redevelopment of the Kalkaji Mandir premises

4. The redevelopment of the Kalkaji Mandir has been considered from time to time, in these matters as also in appeals and SLPs arising therefrom. Vide order dated 27th September, 2021, considering the prevalent position as to lack of basic amenities, lack of proper administration, and rampant Signature Not Verified FAO 36/2021 & connected matters Page 2 of 34 Digitally Signed By:DEVANSHU JOSHI Signing Date:12.09.2022 18:02:25 commercialisation in the Mandir, this Court had appointed an Administrator for the overall management and administration of the Kalkaji Mandir. In addition, it was clearly felt that the Mandir premises was in urgent need of redevelopment. Accordingly, Mr. Goonmeet Singh Chauhan - Architect, was also appointed for the purpose of redevelopment. The said Architect has continuously worked with the ld. Administrator as also other stakeholders including baridaars/pujaris, for preparing a comprehensive redevelopment plan for the Kalkaji Mandir.

5. Since the appointment of the Administrator and the Architect, various steps have been taken towards streamlining of the functioning and management of the Kalkaji Mandir, including its redevelopment. The said steps inter alia, include -

(i) Eviction of the unauthorized occupants and removal of encroachments from the Kalkaji Mandir premises [Most unauthorised occupants have vacated];

(ii) Preparation of the master plan for the redeveloped Kalkaji Mandir [Plan presented to Court and basic plan agreed upon by pujaris and baridaars];

(iii) Vacation of spaces which were under the occupation of the shopkeepers [All shopkeepers have vacated the spaces in their occupation];

(iv) Creation of temporary shops [Construction of shops completed and allotments to commence shortly];

(v) Erection of boundary wall [80% completed subject to demarcation procedure];

Signature Not Verified FAO 36/2021 & connected matters Page 3 of 34 Digitally Signed By:DEVANSHU JOSHI Signing Date:12.09.2022 18:02:25

(vi) Steps towards the demarcation of the Kalkaji Mandir premises in coordination with the concerned authorities [In progress];

(vii) Provision of basic civic amenities such as potable drinking water, cleaning of toilets etc., to the devotees in the Kalkaji Mandir [Ld. Administrator is supervising this continuously with the municipal authorities];

(viii) Proper allotment of kiosks and vendors for selling samagri and other articles and deposit of tehbazari amounts in the fund for redevelopment, maintained with the worthy Registrar General, Delhi High Court [Allotment and tehbazari finalised, and amounts to be deposited by the next date of hearing];

(ix) Directions to baridaars to deposit a monthly amount of Rs.17 lakhs and Rs.22 lakhs per month for the purpose of management and administration of the Mandir. Part of the said amount is also being used for defraying of expenses for redevelopment [Being deposited every month];

(x) Directions to DUSIB and DDA for allocation of alternate spaces for jhuggi dwellers [Interested jhuggi dwellers in discussion with DUSIB and DDA for alternate accommodation];

(xi) Repair and maintenance of the sewage systems by the Delhi Jal Board [Completed];

(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];

Signature Not Verified FAO 36/2021 & connected matters Page 4 of 34 Digitally Signed By:DEVANSHU JOSHI Signing Date:12.09.2022 18:02:25

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

(xv) Inspection of the Kalkaji Mandir premises by the Delhi Fire Services Department [Directions issued].

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:

"1. Permission to file the Special Leave Petitions granted.

2. We are not inclined to entertain the Special Leave Petitions under Article 136 of the Constitution. The Special Leave Petitions are accordingly dismissed.

3. We grant liberty to the petitioners to move the Administrator appointed by the High Court with their grievances. It would be open to the Administrator to place a report before the High Court for suitable directions. However, maintenance of the temple and its surroundings in a dignified manner in the interests of the devotees must be of paramount importance.

4. Pending application, if any, stands disposed of."

Signature Not Verified FAO 36/2021 & connected matters Page 5 of 34 Digitally Signed By:DEVANSHU JOSHI Signing Date:12.09.2022 18:02:25

(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 re-

development 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:

Signature Not Verified FAO 36/2021 & connected matters Page 6 of 34 Digitally Signed By:DEVANSHU JOSHI Signing Date:12.09.2022 18:02:25

"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:

"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."

Signature Not Verified FAO 36/2021 & connected matters Page 7 of 34 Digitally Signed By:DEVANSHU JOSHI Signing Date:12.09.2022 18:02:25

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:

"11. In view of the fact that two important facts are undisputed in this appeal, firstly, ownership rights in the property and secondly, that the redevelopment of the Kalkaji Mandir is essential which is not disputed by any of the parties, it would be appropriate to give fair chance to the appellant/ applicant to appear before the learned Administrator to raise his concern. The learned Administrator is thus requested to give personal hearing to the applicant on 31st March, 2022, when the appellant/ applicant will be at liberty to give written representation along with necessary documents, if so desires. The learned Administrator on hearing the appellant/ applicant will submit a report to the learned Single Judge so that suitable directions if necessary are issued by the learned Single Judge."

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 Signature Not Verified FAO 36/2021 & connected matters Page 8 of 34 Digitally Signed By:DEVANSHU JOSHI Signing Date:12.09.2022 18:02:25 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 specially-
                                         abled;
                                 xii.    Creation of shelter and resting areas;

xiii. Provision of other facilities, including bhandara hall, joota ghar, mundan hall, parikrama path, meditation hall, temple Signature Not Verified FAO 36/2021 & connected matters Page 9 of 34 Digitally Signed By:DEVANSHU JOSHI Signing Date:12.09.2022 18:02:25 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:

Signature Not Verified FAO 36/2021 & connected matters Page 10 of 34 Digitally Signed By:DEVANSHU JOSHI Signing Date:12.09.2022 18:02:25

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 Signature Not Verified FAO 36/2021 & connected matters Page 11 of 34 Digitally Signed By:DEVANSHU JOSHI Signing Date:12.09.2022 18:02:25 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.

Signature Not Verified FAO 36/2021 & connected matters Page 12 of 34 Digitally Signed By:DEVANSHU JOSHI Signing Date:12.09.2022 18:02:25

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:

"20. In light of this position, the SDM, Kalkaji, is directed to carry out the demarcation of the entirety of the Kalkaji Mandir premises as also the above Khasra Nos., within a period of two weeks i.e., by 31st July, 2022. The Tehsildar/SDM, Kalkaji shall place a report in this regard before this Court on the next date of hearing. The SDM shall also give notice to the DDA and the concerned officials of DDA shall be present for the purpose of demarcation."

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 Signature Not Verified FAO 36/2021 & connected matters Page 13 of 34 Digitally Signed By:DEVANSHU JOSHI Signing Date:12.09.2022 18:02:25 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 Signature Not Verified FAO 36/2021 & connected matters Page 14 of 34 Digitally Signed By:DEVANSHU JOSHI Signing Date:12.09.2022 18:02:25 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 Signature Not Verified FAO 36/2021 & connected matters Page 15 of 34 Digitally Signed By:DEVANSHU JOSHI Signing Date:12.09.2022 18:02:25 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 Signature Not Verified FAO 36/2021 & connected matters Page 16 of 34 Digitally Signed By:DEVANSHU JOSHI Signing Date:12.09.2022 18:02:25 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:

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"5. Ld. Counsel for the Applicants submits that a representation was made to the ld. Administrator. A perusal of the record shows that the ld. Administrator has directed as under:

"SDM is in the process of demarcation of the temple & adjoining land in terms of the High Court order dated 25/4/2022. The applicant is advised to approach SDM. The application is disposed off with liberty aforesaid."

6. In view of the above order passed by the ld.

Administrator, the Applicant may approach the SDM of the concerned area, who shall carry out the demarcation, in accordance with law.

7. Let the SDM of the concerned area file a report after the demarcation has been carried out, in accordance with the orders of this Court."

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 Signature Not Verified FAO 36/2021 & connected matters Page 18 of 34 Digitally Signed By:DEVANSHU JOSHI Signing Date:12.09.2022 18:02:25 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:

"29. The undersigned thereafter held a meeting with the authorities including the officials of Delhi Police and SDMC on 05.09.2022 for discussing the arrangements for the forthcoming Navratras from Signature Not Verified FAO 36/2021 & connected matters Page 19 of 34 Digitally Signed By:DEVANSHU JOSHI Signing Date:12.09.2022 18:02:25 26.09.2022 to 05.10.2022. The persons present were in agreement that on ordinary days, the said proposal may work, however, during Navratras, all three (3) entries would be required to be kept open, viz. Ram Piyao side, Market Way side and Lotus Temple side considering the huge footfall of devotees (approx. 1,00,000 a day). The exits may be from the Market Way side as well as the VIP parking side as in the previous Navratras.

30. This Hon'ble Court may therefore, approve the proposal for entry to devotees to the Mandir only from the Lotus Temple side, in order to enable access to the temporary shops, except during the Navratras or in case of any other emergency for crowd management."

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 Signature Not Verified FAO 36/2021 & connected matters Page 20 of 34 Digitally Signed By:DEVANSHU JOSHI Signing Date:12.09.2022 18:02:25 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:

"9. Considering the overall sentiment expressed by the parties, and keeping in mind the interest of the devotees at the Mandir, which is paramount, the following directions are issued:

(i) The DCP of the Delhi Police, stationed in the concerned area, shall ensure that adequate personnel are posted at the Kalkaji Mandir to ensure that there is proper and regulated entry and exit of the devotees, to and from the Mandir, as also to ensure that no untoward incident takes place.

(ii) Considering that there are many female devotees who visit the Mandir, adequate number of female constables of the Delhi Police shall be posted at the Kalkaji Mandir.

(iii) The DCP concerned, of the Delhi Police, shall pass appropriate directions to ensure that, a single set of constables are not posted at the Mandir for a long period of time. The police personnel who are posted shall be changed at least twice a month.

With these directions, the status report submitted on by the SHO, PS Kalkaji, is taken on record."

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.

Signature Not Verified FAO 36/2021 & connected matters Page 21 of 34 Digitally Signed By:DEVANSHU JOSHI Signing Date:12.09.2022 18:02:25

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 mid- day lunch service. On this issue, the ld. Administrator's report states as under:

"33. The undersigned has, for the interim period, on 01.09.2022, permitted the pujaris/ baridaars forming part of the Shri Kalkaji Mandir Prabandhak Sudhar Committee to conduct bhandaras/ langars during the period of the Navratras, as stated to be the ritual of the Mandir."

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 Signature Not Verified FAO 36/2021 & connected matters Page 22 of 34 Digitally Signed By:DEVANSHU JOSHI Signing Date:12.09.2022 18:02:25 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 Registrar General."

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 Signature Not Verified FAO 36/2021 & connected matters Page 23 of 34 Digitally Signed By:DEVANSHU JOSHI Signing Date:12.09.2022 18:02:25 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:

Signature Not Verified FAO 36/2021 & connected matters Page 24 of 34 Digitally Signed By:DEVANSHU JOSHI Signing Date:12.09.2022 18:02:25

"37. The undersigned is of the view that the monthly tehbazari for the small temporary shops may be fixed at Rs. 1,000/- (Rupees One Thousand only) per day uniformly for all shopkeepers. The undersigned has received representations from many widows who have sought reduction in the monthly tehbazari. On a compassionate view of the matter, the undersigned recommends that the monthly tehbazari for the small temporary shops may be fixed at Rs. 500/- (Rupees Five Hundred only) per day for widows."

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:

"45. Insofar as the allotment of the 16 large temporary shops is concerned, a list of a total of 42 bids received in respect of the cost of construction, as also, monthly teh bazari which were to be submitted to the ld. Administrator by the 25th May, 2022 in terms of order dated 20th May, 2022, has been tabulated and placed before the Court by the ld. Administrator. After Signature Not Verified FAO 36/2021 & connected matters Page 25 of 34 Digitally Signed By:DEVANSHU JOSHI Signing Date:12.09.2022 18:02:25 perusing the same and hearing ld. Counsels for the parties, the following directions are issued in this regard which shall be uniformly followed for all allottees of the 16 large temporary shops:

i. Cost of construction payable by each allottee would be Rs.2,00,000/- uniformly.

ii. One family shall be allotted only one of the 16 large temporary shops. Multiple allotments within the same family would not be permissible.

iii. Tehbazari payable by each of the allottees of the 16 large shops, shall be equivalent to the highest bid which have been received i.e., Rs.3,31,000/- per month.

46. Applying the above criteria, the ld. Administrator shall finalise the list of the allottees by giving all bidders, in the order in which their names appear in the list, an opportunity to agree to the terms fixed above. If all the 16 large shops are not taken at the terms fixed above, then if members of the same family come forward, the ld. Administrator shall consider such persons for allotment. Ld. Administrator may consider fixing advance deposit of monthly tehbazari for at least two to three months, so that the allottees are not able to resile from the said allotment. The allotment of these 16 large shops shall not, in any manner, affect the final allotment of shops after the redevelopment of the Kalkaji Mandir. The terms of allotment shall be fixed by the ld. Administrator and place the same on record in the report for the next date of hearing."

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.

Signature Not Verified FAO 36/2021 & connected matters Page 26 of 34 Digitally Signed By:DEVANSHU JOSHI Signing Date:12.09.2022 18:02:25

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 Signature Not Verified FAO 36/2021 & connected matters Page 27 of 34 Digitally Signed By:DEVANSHU JOSHI Signing Date:12.09.2022 18:02:25 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 20 October, 2022 to complete the construction of th 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 Signature Not Verified FAO 36/2021 & connected matters Page 28 of 34 Digitally Signed By:DEVANSHU JOSHI Signing Date:12.09.2022 18:02:25 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:

"49. The undersigned has received a representation dated 31.08.2022 from Mr. Rajender Aggarwal, Mr. Tanuj Khanna, Smt. Geeta Devi and Mr. Amit Sharma stating that they had earlier applied for smaller temporary shops and deposited the one-time cost of construction of Rs.30,000/-. They have represented that they have thereafter deposited an additional sum of Rs. 70,000/- towards the larger shops, and that they may be refunded a sum of Rs.70,000/- since they are not being considered for allotment of larger shops. Copy of the representation dated 31.08.2022 received from Mr. Rajender Aggarwal, Mr. Tanuj Khanna, Smt. Geeta Devi and Mr. Amit Sharma is annexed herewith and marked as Annexure P."

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.

Signature Not Verified FAO 36/2021 & connected matters Page 29 of 34 Digitally Signed By:DEVANSHU JOSHI Signing Date:12.09.2022 18:02:25

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 Signature Not Verified FAO 36/2021 & connected matters Page 30 of 34 Digitally Signed By:DEVANSHU JOSHI Signing Date:12.09.2022 18:02:25 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:

"3. This is an application filed on behalf of the Applicants - Mr. Vipul Gaur, Mr. Ajay Bhardwaj and Mr. Vijay Bhardwaj praying that they be not dispossessed from the Dharamshalas in the precincts of the Kalkaji Mandir. Ld. Counsel Mr. R.K.Bhardwaj submits that they are willing to furnish an undertaking to the ld. Administrator to the effect that, as soon as the redevelopment of the Kalkaji Mandir begins, the Applicants would vacate the premises."

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:

"49. Today as well, Ms. Kala, ld. Counsel for the ld. Administrator submits that, as recorded in Report No.5 of the ld. Administrator, some of the baridaars have not made the deposit as per the orders passed by this Court. The relevant extract of the Report No.5 is set out below:

"vi. The baridaars of the period between midnight of 11/12.02.2022 till midnight of 13/14.03.2022 have failed to comply with the order dated 22.02.2022 passed by the undersigned. They inducted Mr. Kamal Kant Signature Not Verified FAO 36/2021 & connected matters Page 31 of 34 Digitally Signed By:DEVANSHU JOSHI Signing Date:12.09.2022 18:02:25 Bhardwaj, Advocate, a non-baridaar to perform Puja Sewa without the permission of the undersigned and against specific orders and directions of the undersigned in view of the allegations of commercialization and auctioning of Puja Sewa. This Hon'ble High Court may therefore be pleased to direct Mr. Raj Kishore Gaur and Mr. Ram Kishore Gaur to deposit their share of the donations with the account of the worthy Registrar General of this Hon'ble High Court of Delhi. vii. The baridaars of the period between 13/14.03.2022 to 13.04.2022 have failed to deposit the monthly contribution of Rs. 20 lakhs. The office of the undersigned has had to repeatedly follow-up with the baridaars and they have now withheld approximately Rs. 4 lakhs on grounds of electricity bill and bills of other contractors. The payment of electricity bill by the baridaars was to be made by them as the electricity connection stands in their name. The payment of bills of other contractors by the baridaars was not agreed to by the undersigned and were being paid by the office of the undersigned. This Hon'ble High Court may therefore be pleased to take strict view of the same and direct the baridaars through Mr. Vipin Bhardwai, Pujari to deposit the balance amount with the account of the undersigned."

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 Signature Not Verified FAO 36/2021 & connected matters Page 32 of 34 Digitally Signed By:DEVANSHU JOSHI Signing Date:12.09.2022 18:02:25 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.

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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.

82. The digitally signed copy of this order, duly uploaded on the official 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 Signature Not Verified FAO 36/2021 & connected matters Page 34 of 34 Digitally Signed By:DEVANSHU JOSHI Signing Date:12.09.2022 18:02:25

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