Neeta Bhardwaj & Ors. vs Kamlesh Sharma
2022 Latest Caselaw 475 Del

                                                    Signature Not Verified
                                                    Digitally Signed By:Devanshu
                                                    Signing Date:17.02.2022
                                                    23:30:35



$~18 to 21 & 1(OS) to 11 (OS)
*       IN THE HIGH COURT OF DELHI AT NEW DELHI
                                   Date of decision:15th February, 2022
19
+     FAO 36/2021 & CM APPLs.2914/2021, 10442/2021, 10444/2021,
      20904/2021, 23819/2021, 25868/2021, 25869/2021, 25870/2021,
      25884/2021, 26495/2021, 29121/2021, 25885/2021, 43944-46/2021,
      3172/2022, 3455/2022, 5641/2022, 5642/2022, 38063/2021,
      38289/2021, 39643/2021, 5803/2022, 5865/2022, 7745-46/2022
       NEETA BHARDWAJ & ORS.                                ..... Appellants

                                  versus

       KAMLESH SHARMA                                     ..... Respondent
                   With
+     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
+                       CS (OS) 527/2021
+                       CS (OS) 533/2021
+                       CS (OS) 538/2021
+                       CS (OS) 541/2021
+                       CS (OS) 544/2021
+                       CS (OS) 547/2021
+                       CS (OS) 55/2022
+                       CS (OS) 56/2022
+                       CS (OS) 57/2022
+                       CS (OS) 588/2021
+                       CS (OS) 2499/2021
Appearances:-
Mr. R.K. Bhardwaj, Adv. (M:9312710547) for Appellant in FAO 36/2021
Mr. K.G. Chhokar, Adv. in CM(M) 323/2021, FAO 36/2021 & 575/2021
Mr. Harvinder Kumar alia Sanjay Bhardwaj in person.
Mr. Neeraj Bhardwaj, Advocate. [email protected]
Mr. Yogender Nath Bhardwaj in person.
Mr. Kush Bhardwaj, Advocate. (M:9891074686) [email protected]


FAO 36/2021 & connected matters                                        Page 1 of 8
                                                      Signature Not Verified
                                                     Digitally Signed By:Devanshu
                                                     Signing Date:17.02.2022
                                                     23:30:35



Mr. Luv Bhardwaj, Advocate. (M:9990693140)
Mr. Nakul Bhardwaj in person. (M:9971328006)
Mr. Rakesh Tiku, Sr. Advocate with Mr. Lokesh Bhardwaj for applicants in
CM APPL.7745-46/2022 (M:9971576388)
Mr. Vipul Gaur, Advocate for Respondent.
Mr. Rohit Kishan Naagpal, Mr. Dipanshu Gaba and Mr. Aakarshan
Bhardwaj, Advocates. (M:9212786555) [email protected]
Mr. Anuroop P.S & Mr. Gaurav Bidhuri, Advocates. (M:9582818838)
[email protected]
Mr. Kamal Kant Bhardwaj, Advocate for Thula Bahadur. (M:9999438838)
[email protected]
Mr. Sarvesh Bhardwaj, Advocate for Defendant. (M:9350301058)
Mr. D.K. Singhal, Advocate. (M:9811035029)
Ms. Samapika Biswal & Ms. Shambhavi Kala Advocates for Ld.
Administrator. (M:9818668876)
Mr. Arun Birbal & Mr. Sanjay Singh, Advocates for SDMC & DDA.
(M:9958118327)
Ms. Sangeeta Bharti, Standing Counsel for DJB. (M:9811112863)
Mr. Thakur Sumit, Advocate. (M:9968454481) in CM (M) 323/2021
Mr. Nitin Jain, Mr. Vishal Chauhan, Mr. Rajesh Kumar, Mr. Harshil Gupta
& Mr. K.P. Singh, Advs. for 64 shopkeepers (M: 9716569056)
[email protected]
Mr. Vishal Bhardwaj, Advocate. (M:9205103230) [email protected]
Mr. Siddharth Panda, Advocate for SDMC. [email protected]
Mr. Santosh Kumar Tripathi, ASC (Civil), GNCTD with Mr. Arun Panwar,
Mr. Arun Panwar, Mr. Siddarth Krishna Dwivedi and Ms. Vrinda Singh,
Advocates. (M:9818112250)
Ms. Mini Pushkarna, Standing Counsel with Ms. Latika Malhotra & Ms.
Khushboo, Advocates for DUSIB. (M:9810674872)
Mr. Vikas Singh, Sr. Advocate with Mr. Sudhir Naagar, Advocate for
applicants in CM No.3455/2022.
Ms. Sonia Singhani and Ms. Vidhi Gupta, Advocates for DDA.
(M:9810172501)
Mr.U.M. Tripathi, Advocate for Defendant in CS (OS) 2499/2010
Mr. R. K. Gupta, Advocate for Respondent in CM (M) 575/2021
Mr. Ankur Singhal, Advocate for applicant in CM APPL.43796/2021.
Mr. Peeyush Kaushik and Mr. T.C. Yogi, Advocates. (M:9990123991)
Ms. Smita Maan, Advocate.


FAO 36/2021 & connected matters                                         Page 2 of 8
                                                             Signature Not Verified
                                                            Digitally Signed By:Devanshu
                                                            Signing Date:17.02.2022
                                                            23:30:35



Mr. Gaurav Sharma, Advocate.
Ms. Helen Tungoe, Advocate.
Ms. Rakshika Bhardwaj, Advocate
Mr. Goonmeet Singh Chauhan, Architect.
       CORAM:
       JUSTICE PRATHIBA M. SINGH
Prathiba M. Singh, J. (Oral)

1. This hearing has been done by video conferencing.

2. 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, 26495/2021, 29121/2021, 25885/2021, 43944-46/2021, 3172/2022, 3455/2022, 5641/2022, 5642/2022, 38063/2021, 38289/2021, 39643/2021, 5803/2022, 7745-46/2022, CONT.CAS(C) 614/2021, CS (OS) 527/2021, CS (OS) 533/2021, CS (OS) 538/2021, CS (OS) 541/2021, CS (OS) 544/2021, CS (OS) 547/2021, CS (OS) 55/2022, CS (OS) 56/2022, CS (OS) 57/2022, CS(OS) 588/2021, CS(OS) 2499/2021, CM (M) 323/2021 & CM APPLs.14178/2021, 20945/2021, 20949/2021, 40269/2021, CM (M) 575/2021

3. Vide previous orders dated 15th November, 2021 and 1st February, 2022, this Court had directed the Delhi Jal Board to inspect the premises of the Kalkaji Mandir and ensure that the choking, leakage and overflow problems in the water supply be dealt with expediently. Pursuant to the same, Ms. Sangeetha Bharathi, ld. Standing Counsel appearing for the Delhi Jal Board, seeks some more time to comply with the previous orders of this Court. Accordingly, let the status report be filed by the Delhi Jal Board, in

Signature Not Verified Digitally Signed By:Devanshu Signing Date:17.02.2022 23:30:35

terms of the previous order dated 1st February, 2022, by the next date of hearing.

4. The ld. Administrator has also submitted Report No.4 dated 15th February, 2022, in terms of order dated 1st February, 2022. However, on almost all the issues raised on the previous date, the recommendations of the ld. Administrator are in the process of finalisation and the deliberations are stated to be still in progress. The ld. Administrator has sought further time of two weeks, to finalise his report and to make his recommendations in terms of the previous orders of this Court.

5. Mr. Goonmeet Singh Chauhan, the Architect, is also present today and seeks further time to present his plan, as various meetings are being held between the Administrator, Architect and the stakeholders. He further submits that he wishes to make a presentation of the re-development plan to this Court.

6. Accordingly, the Architect shall make the said presentation, on 2nd March, 2022 at 4.00 p.m. The ld. Administrator along with his counsels may also remain present during the said presentation. Subsequently, the Architect shall submit the final plan to the Court by 15th March, 2022.

7. The tentative expenses incurred by the Administrator have also been placed on record. Let the same be also included in the next report to be submitted by the ld. Administrator.

8. Insofar as the request by the parties to obtain copies of the Administrator's report and the Architect's plan is concerned, after the said documents have been received by the Court, counsels may enquire with the Court Master for obtaining copies of the same, subject to the directions of this Court.

Signature Not Verified Digitally Signed By:Devanshu Signing Date:17.02.2022 23:30:35

9. It is also recorded that the worthy Registrar General has filed a report to the effect that in Folder-I, a total of 135 demand drafts and two FDRs and in Folder-II, consisting of 87 FDRs, have already been handed over to the Assistant General Manager, UCO Bank, Delhi High Court, to take up the matter with the concerned banks and get the amounts transferred to the account in the name of the "Registrar General, Delhi High Court, A/c Kalkaji Mandir Fund" vide A/c No.15530110155950 IFSC Code UCBA0001553 (hereinafter "Kalkaji Mandir Fund").

10. The worthy Registrar General shall submit a report to this Court, as to the total amounts which have been encashed and the details thereof, including the case numbers in which the said amounts have been received, by the next date of hearing.

11. It is deemed appropriate to take up this matter in physical Court considering the large number of counsels and parties who are appearing. Accordingly, list on 22nd March, 2022 at 2.30 p.m., in physical Court.

12. It is made clear that all interim orders in these matters, including the interim order dated 11th February, 2022, in CM APPL. 7745/2022 in FAO 36/2021, shall continue till the next date.

Details of Amounts Deposited in Compliance of Previous Orders

13. Vide order dated 3rd February, 2022, this Court had requisitioned records from the Court of Sh. Neeraj Gaur, ld. Civil Judge, Tis Hazari Courts, Delhi in Suit No. 852/2002 (formerly numbered Suit No.145/1976) titled Inderjit v. Shri. Gugan Chand & Ors., and also directed the Nazir to put up a report as to any amounts lying deposited in the said suit. Pursuant to the same, it is noted that the following two amounts have been reported to be lying deposited in two Courts:

Signature Not Verified Digitally Signed By:Devanshu Signing Date:17.02.2022 23:30:35

(i) An amount of over Rs.21 lakhs in Suit No.852/2002 (formerly numbered Suit No.145/1976), Suit No. 212/82 and Suit No.418/96, as per report dated 9th February, 2022, received from the Court of Ld. Principal District & Sessions Judge, West District, Tis Hazari Courts, Delhi; and

(ii) An amount of Rs.16 lakhs in Suit No. 212/1982(417/1996) titled as Sh. Ganpat v. Sh. Gogan Chand, Suit No. 418/1996 titled as Sh. Inderjeet v. Sh. Gugan Chand and Suit No. 416/1996 titled as Mahinder Kumar v. Sh. Gugon Chand as per report dated 10th February, 2022, received from the Court of Civil Judge-01, Central District, Tis Hazari Courts, Delhi. The said amount is stated to be lying in treasury of PO-VI, Tis Hazari, Delhi-110054 bearing No.20049 dated 21st September, 1996.

14. Let the above amounts be called for by the worthy Registrar General and deposited in the Kalkaji Mandir Fund, subject to further orders of this Court.

15. In CM (M) 575/2021, Mr. K.G. Chhoker, ld. Counsel, submits that the details of the amounts deposited in Suit No.852/2002 (formerly numbered Suit No.145/1976), Suit No.212/82 and in Suit No.861/2002 pending before the Tis Hazari Courts, Delhi have not been submitted yet.

16. Accordingly, let the Registry obtain a report from the Nazir and the District Judge, Headquarters, as to the total amounts which are lying deposited in these matters, by the next date of hearing.

17. CM APPL.43796/2021 in CM (M) 575/2021 is an application filed by Applicant/Respondent No.59-Sh. Inderjeet seeking release of 1/12th share of

Signature Not Verified Digitally Signed By:Devanshu Signing Date:17.02.2022 23:30:35

Late Sh. Mehar Nath and Smt. Dharam Kaur in favour of the Applicant. The amounts are stated to be lying deposited with the Court of Sh. Neeraj Gaur, Id. Civil Judge, Tis Hazari Courts, Delhi in Suit No. 852/2002 (formerly numbered Suit No.145/1976) titled Inderjit v. Shri. Gugan Chand & Ors.

18. Mr. T.C. Yogi, ld. counsel, appears for Respondent Nos.1 to 12. He seeks a copy of the present application. Let Mr. Singhal, ld. counsel supply a copy of the same to Mr. Yogi.

19. Reply to the application be filed by Respondent Nos.1-12, within two weeks. Rejoinder thereto, if any, be filed within two weeks thereafter.

20. Let the Registry issue notice to ld. Counsel for Respondent Nos.24 to 50.

21. List on 25th February, 2022 at 2.30 p.m., to consider the question as to whether any amounts have been received, or not. CM APPL. 5865/2022 in FAO 36/2021

22. This is an application filed by jhuggi dwellers in the Kalkaji Mandir premises seeking impleadment in the present appeal. The Applicants further seek a direction to the Respondents to provide proper rehabilitation as per DUSIB's policy in the event of demolition, as also arrangement of temporary shelter in the meanwhile.

23. It is submitted that the Applicants have made representations to the DDA. However, they have not received any reply in respect of the same. Accordingly, the Applicants are directed to send their representations to the DDA and DUSIB collectively, so that a decision can be taken in this regard by the said authorities. The Director, Land Management, DDA shall look into the representation, and inform this Court as to the status of the representation made by the Applicants.

24. List on 22nd March, 2022 at 2.30 p.m., in physical Court.

Signature Not Verified Digitally Signed By:Devanshu Signing Date:17.02.2022 23:30:35

25. 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 FEBRUARY 15, 2022/mw/dk/ad/ms