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A Supreme Court bench of Justices Chandrachud and Surya Kant yesterday refused to interfere in the order of Delhi High Court, directing eviction of unauthorised occupants from Jhuggis and Dharamshalas at Kalkaji temple.

The court however granted liberty to the petitioners to move the High Court appointed Administrator  for redressing their grievances.

P.K. Mishra, Sr. Adv appearing for the petitioners submitted that the occupants of the Dharamshalas were not unauthorised but were the priests in the temple who have been living there with their families for generation. He further submitted that he has concrete proof that the Dharamshalas are 200 years old. Mishra further submitted that the lands belong to the priests and not the government.

Justice Chandrachud at this point interjected that the land belonged to the deity and to no independent person. Mishra however 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.

The court however declined to interfere with the order of Delhi High Court dated 22nd March 2022 and dismissed the plea while informing the petitioners that they will be duly rehabilitated and granted them a liberty to approach the administrator.

Justice Prathiba Singh of Delhi High Court had on 22nd March 2022 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 sees 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 enormous threat to the safety and security of all the devotees, for whom elaborate arrangements would have to be made by the ld. Administrator.”

The matter is likely to come up for further consideration at Delhi High Court on 30th March 2022.

Case title: Nathi Ram Bharadwaj Vs Neeta Bharadwaj