Supreme Court stops Kalkaji temple priests from being evicted from temple premises, orders redevelopment to be carried out

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A Supreme Court bench of Justices Bopanna and Vikram Nath on Monday passed an order stating that the redevelopment of Kalkaji Temple is to be carried out without dispossessing the priests living there.

Court was dealing with a plea challenging the order of the Delhi High Court whereby it was held that redevelopment of the Kalkaji Mandir can commence only if all persons who are in occupation of the dharamshalas (lodging rooms for devotees) vacate the premises which are in their occupation.

Justice Pratiba Singh of Delhi High Court had directed the Dharamshala occupants and all the pujaris (priests) who are in occupation of the dharamshalas to vacate the Kalkaji Mandir premises, on or before 6th June 2022. The court had noted that if they don’t vacate, the SHO of Kalkaji Police Station in consultation with the Administrator will take steps to evict the said pujaris and the Dharamshala occupants.

In March 2022, Justice Prathiba Singh had passed an order asking the Delhi Police to assist the authorities in the eviction of squatters in Jhuggis and dharamshalas. The High Court had held that “the Kalkaji Mandir premises see a steady and high influx of devotees during the Navratra period (beginning on April 2nd) and the continued occupation of the jhuggis and dharamshalas by the occupants would pose an enormous threat to the safety and security of all the devotees, for whom elaborate arrangements would have to be made by the Administrator.”

The above order was challenged before Supreme Court. A Bench of Justices Chandrachud and Surya Kant yesterday refused to interfere in the order of the Delhi High Court, directing eviction of unauthorized occupants from jhuggis and dharamshalas. The bench had observed that the land belongs to the deity and to no independent person. PK Mishra, Sr. Adv,  however, had pointed out that in a case in 2013, the South Delhi Municipal Corporation had filed an affidavit which pointed out that the land belonged to the priests and not the deity.

On Monday i.e. June 13, the counsels for the priests informed the Supreme Court that these priests had been living in the vicinity of the temple for generations. The court was informed that close to 800 persons will be rendered jobless if the order is implemented.

Court, on hearing the submissions, ordered that there shall be no impediment for carrying out the re-development as per the orders of the  High Court of Delhi. Court further ordered that such re­development shall be without dispossessing the priests from the premises wherein they are stated to be residing at present.

Case title: Nati Ram Bharadwaj Vs Neeta Bharadwaj