Neeta Bhardwaj & Ors. vs Kamlesh Sharma

,,,,,

Prathiba M. Singh, J",,,,,

This hearing has been done by video conferencing.,,,,,

These matters pertain to the Kalkaji Mandir, which this Court has been hearing from time to time. These are part-heard matters.",,,,,

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, 43944/2021, 43945/2021 & 43946/2021",,,,,

CM (M) 323/2021 & CM APPLs. 14178/2021, 20945/2021, 20949/2021, 40269/2021",,,,,

CM (M) 575/2021 & CM APPL. 43796/2021 CONT.CAS(C) 614/2021,,,,,

In terms of order dated 21st December, 2021, the report of the Ld. Administrator has been received. The same is detailed in nature. By way of the",,,,,

said report, the ld. Administrator has submitted his recommendations, after discussions with the baridaars, the shopkeepers, as also the various",,,,,

governmental authorities. Mr. Goonmeet Singh Chauhan, the architect and his team have also been involved in the said deliberations. The broad",,,,,

recommendations of the ld. Administrator have been given in paragraph 65 of the report, which has been extracted below:",,,,,

“65. The directions being sought from this Hon’ble High Court are being summarized herein below:,,,,,

(i) Pursuant to the meeting with the civic agencies of 07.01.2022, a letter dated 07.01.2022 has been issued to DDA inter alia seeking their",,,,,

no-objection, which is presently pending. Accordingly, this Hon’ble High Court may also be pleased to direct the DDA to permit this",,,,,

temporary construction upon such terms and conditions that this Hon’ble Court may deem fit.,,,,,

(ii) The Baridaars have submitted that they are willing to contribute to the re-development of the Mandir premises on the basis of the,,,,,

estimate submitted by the Ld. Architect. They have further submitted that the said contribution should be fixed as a monthly amount to be,,,,,

collected from each Bari as determined by this Hon’ble High Court. Accordingly, this Hon’ble Court may direct the Baridaars to",,,,,

contribute Rs. 5 lakhs every month for a period of 1 year or Rs. 60 lakhs as one-time payment for the creation of the temporary,,,,,

shops/kiosks at the 33 Mandir premises, as also directed in order dated 21.12.2021 of this Hon’ble High Court. Additionally, it was",,,,,

also brought to the notice of the undersigned that the shopkeepers had deposited sums in various Courts and the Pujaris have not accepted,,,,,

the said amounts since they disputed the rights of the shopkeepers. These sums can be used for the management of the Temple and,,,,,

construction of the temporary shops/kiosks.,,,,,

(iii) With respect to the tehbazari for the temporary shops/kiosks, Rs. 5 lakhs per month for a temporary shop in the Ram Piyao Site and Rs.",,,,,

1 lakh per month for a temporary shop in the Market Way Passage may accordingly be fixed as tehbazari for the temporary shops at the,,,,,

respective sites or as may be ordered by this Hon’ble Court. Additionally, Rs. 15,000/- per month may be used as a yardstick for",,,,,

determining the price for the kiosks subject to bidding.,,,,,

(iv) As the undertakings that have been submitted are in the process of scrutiny and verification, a final list with the names and details of the",,,,,

shopkeepers who are eligible to be allotted the temporary shops and kiosks at the concerned Sites may be submitted to the Hon’ble High,,,,,

Court. 34 In the interim period, relevant contractors may be engaged to begin the creation of the temporary structures at the Kalkaji",,,,,

Mandir premises subject to collection of the security deposit from the confirmed applicants, Baridaar contribution and amounts offered to",,,,,

be deposited by shopkeepers towards tehbazari in district courts.,,,,,

(v) Mr. Radhey Shyam, Shopkeeper of Shop No. 1 named ‘Kalkamai Ke Prasad Ki Kadami Dukan’ has not removed his articles and",,,,,

belongings from the said shop which is adjacent to the Bhawan of the Mandir. The Hon’ble High Court may also be pleased to pass,,,,,

appropriate directions to Mr. Radhey Shyam, Shopkeeper of Shop No. 1 named ‘Kalkamai Ke Prasad Ki Kadami Dukan’, Kalkaji",,,,,

Mandir directing him to remove himself from the said shop.,,,,,

(vi) Additionally, this Hon’ble High Court may issue necessary directions to all the persons, including Pujaris/Baridaars, residing in the",,,,,

Dharamshalas to remove themselves and their belongings from the Dharamshalas within a reasonable period of time so that re-development,,,,,

process can begin. The handover of the possession of Dharamshalas by the Pujaris as well may be so done without prejudice to their rights,",,,,,

if any. 35,,,,,

(vii) DUSIB may be directed to counsel and accommodate the beggars who sit and stay in the Mandir premises in the night shelters operated,,,,,

by them. (viii) This Hon’ble High Court may also permit creation of a legal entity by the office of the undersigned in the form of a trust,,,,,

or society, for the purposes of receipt and application of the donations and tehbazari for the purpose of redevelopment of the Mandir.",,,,,

Accordingly, the Ld. Standing Counsel of the Income Tax Department may also be called for its opinion and assistance in this regard. A",,,,,

Committee may also be constituted for making recommendations and coordinating for the purpose of re-development consisting of one,,,,,

retired Secretary from GNCTD and GOI, one ex officio member from the DDA and SDMC each, the Asst. to the Ld. Administrator, Ld.",,,,,

Architect as well as (1) Chartered Accountant.,,,,,

(ix) There is an urgent requirement for additional funds for the purpose of maintaining safety and security of the devotees as well as,,,,,

providing additional facilities to the devotees and pilgrims who visit the Mandir. Accordingly, this Hon’ble High Court may be 36",,,,,

pleased to direct the Baridaars to contribute Rs. 20 lakhs per month generally for the daily administration, maintaining the sanctity of the",,,,,

Mandir, for the safety and security of the devotees as well as providing additional facilities to the devotees.",,,,,

(x) The undersigned has been informed that the 2nd Account cannot be opened and operated by the Administrator as it is in the control of,,,,,

the Registrar General vide order dated 15.11.2021. This Hon'ble High Court may therefore be pleased to directions in this regard.â€​,,,,,

In order to enable the ld. counsels for the parties to make their submissions in respect of the recommendations made by ld. Administrator, let",,,,,

electronic copies of the Administrator’s report along with all the annexures be supplied by the Registry to the ld. Counsels, upon request. Ld.",,,,,

Counsels who wish to obtain copies may give their email addresses to the Court Master, who shall communicate the same to the Registry.",,,,,

Considering the fact that most of the shops and kiosks have been vacated, the matter is kept on 1st February, 2022, so as to ensure the early",,,,,

commencement of the erection of the temporary shops and kiosks for the shopkeepers.,,,,,

S.

No.",FDR’S No.,"DEPOSIT

DATEÂ Â Â Â

OF

FDR","AMOUNT OF

FDR","MATURITY

DATEÂ Â Â Â Â Â Â Â

OF

FDR","MATURITY

VALUEÂ Â Â

OF

FDR

1.,397600,23.02.2009,"52,66,666/-",23.02.2011,"61,70,739/-

2.,39700/PR00036877,21.12.2009,"45,75,000/-",21.12.2012,"56,33,835/-

3.,0085033,27.04.2013,"13,01,500/-",27.04.2016,"17,12,334/-

4.,0085064,04.05.2013,"26,00,000/-",04.05.2016,"34,20,721/-

5.,0085067,08.05.2013,"26,06,000/-",08.05.2016,"34,28,615/-

6.,"ONEÂ ENVELOPEÂ SEALEDÂ UNDERÂ THEÂ DIRECTIONSÂ OFÂ HON'BLEÂ COURT

DATED 10.09.2008 (copy of order enclosed)",,,,

CS (OS) 533/2021,,,,,

CS (OS) 538/2021,,,,,

CS (OS) 541/2021,,,,,

CS (OS) 544/2021,,,,,

CS (OS) 547/2021,,,,,

CS (OS) 674/2021,,,,,

In these suits, adjournment is sought today on behalf of Mr. Nagpal, ld. Counsel, due to difficulty in his office owing to the pandemic. The same is",,,,,

not opposed.,,,,,

List all these suits on 1st February, 2022 at 2.30 p.m.",,,,,

CS (OS) 2499/2010,,,,,

This suit has been received by this Court today. Let the suit be renumbered and placed in Category B.,,,,,

Issue notice. Let Registry serve notice upon the ld. Counsel for the Defendant through all permissible modes.,,,,,

24 List on 1st February, 2022 at 2.30 p.m.",,,,,

Mr. R.K. Bhardwaj, ld. Counsel who is present before this Court shall inform ld. Counsel for the Defendant, about the next date in the matter,",,,,,

through email as also through WhatsApp.,,,,,

Let a copy of today’s order be communicated to the worthy Registrar General of this Court.,,,,,