Delhi High Court
Bishan Swaroop vs Mahender Kumar Pandey on 14 January, 2022
Signature Not Verified
Digitally Signed By:Devanshu
Signing Date:17.01.2022
12:49:39
$~19 to 22 & 1(OS) to 8(OS)
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 14th January, 2022
20
+ 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
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) 674/2021
+ CS(OS) 2499/2010
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. Haider Ali & Ms. Kawalpreet Kaur, Advocates for impleaders in FAO
36/2021. (M:8287908688) [email protected] &
[email protected]
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]
Mr. Luv Bhardwaj, Advocate. (M:9990693140)
Mr. Nakul Bhardwaj in person. (M:9971328006)
FAO 36/2021 & connected matters Page 1 of 10
Signature Not Verified
Digitally Signed By:Devanshu
Signing Date:17.01.2022
12:49:39
Mr. Lokesh Bhardwaj in person. (M:9971576388)
Mr. Yoginder Singh, Advocate. (M:9999735003) for impleader Mr.
Shailender Kumar Gautam.
Mr. Ravi Sharma, Advocate. (M:9654665565)
Mr. Rohit Kishan Naagpal & Mr. Dipanshu Gaba, Advocates.
(M:9212786555) [email protected]
Mr. Anuroop P.S & Mr. Gaurav Bidhuri, Advocate. (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. Ashok Bhardwaj and Mr. Dinkar Bhardwaj, Advocates.
Mr. D.K. Singhal, Advocate. (M:9811035029)
Ms. Samapika Biswal, Ms. Shambhavi Kala and Mr. Kartikeya Sharma,
Advocates for Ld. Administrator. (M:9818668876)
Mr. Arun Birbal & Mr. Sanjay Singh, Advocates for SDMC & DDA.
(M:9958118327)
Mr. Rameezuddin Raja, Advocate for Ms. Sangeeta Bharti, Standing
Counsel for DJB. (M:9811112863)
Mr. Thakur Sumit, Advocate. (M:9968454481) in CS (OS)s 528/2021,
531/2021, 553/2021, 683/2021 & CM (M) 323/2021
Mr. Nitin Jain, Mr. Vishal Chauhan, Mr. Rajesh Kumar, Mr. Harshil Gupta
& Mr. K.P. Singh, Advs. (M: 9716569056) [email protected]
Mr. Vishal Bhardwaj, Advocate. (M:9205103230) [email protected]
Mr. Siddharth Panda, Advocate for SDMC. [email protected]
Mr. Deepak Dewan, Advocate. [email protected]
Mr. Santosh Kumar Tripathi, ASC (Civil), GNCTD with Mr. Arun Panwar,
Advocate. (M:9818112250)
Ms. Mini Pushkarna, Standing Counsel with Ms. Latika Malhotra & Ms.
Khushboo, Advocates for DUSIB. (M:9810674872)
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
Signature Not Verified
Digitally Signed By:Devanshu
Signing Date:17.01.2022
12:49:39
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
3. 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
Signature Not Verified
Digitally Signed By:Devanshu
Signing Date:17.01.2022
12:49:39
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.
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.
Signature Not Verified
Digitally Signed By:Devanshu
Signing Date:17.01.2022
12:49:39
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,
Signature Not Verified
Digitally Signed By:Devanshu
Signing Date:17.01.2022
12:49:39
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."
4. 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.
5. 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.
6. Further, in order to start the process of erection of temporary shops
and kiosks, one of the recommendations of the ld. Administrator is to obtain
a report in respect of the amounts deposited by the various shopkeepers in
the various proceedings before the Trial Courts, so that the same can be
consolidated in the account of the Registrar General of this Court, and can
be utilised for the purpose of redevelopment of the Kalkaji Mandir.
7. At this stage, Mr. Kush Bhardwaj, ld. Counsel submits that amounts
pertaining to shopkeepers deposited by them as their tehbazari was
deposited in SCJ 36765/2003 titled "Rajinder Aggarwal v. Mandir Kalkaji
Signature Not Verified
Digitally Signed By:Devanshu
Signing Date:17.01.2022
12:49:39
and other 66 connected matters." All 66 connected matters were disposed
of by Ms. Harshita Vatsayan, Civil Judge-06, Central District, Tis Hazari
Court, New Delhi. However, the amount is lying deposited be the aforesaid
Court, in the form of FDR.
8. Accordingly, all the Ld. District Judges in Delhi are directed to
submit reports as to the total amounts which are lying deposited, along with
the interests accrued thereon, in all the suits related to the Kalkaji Mandir
before all concerned Trial Courts. For ready reference, the list of cases as
available with the Registry may be made available to all the District Judges.
The said District Judges would submit the report to the worthy Registrar
General who shall then ensure that all the said amounts are transferred into
one separate bank account. The list of cases which have been transferred to
this Court may not be exhaustive. Accordingly, in addition to the suits which
are now pending before this Court, the amounts deposited in SCJ
36765/2003 as also in any other cases related to the Kalkaji Mandir, which
are either pending or disposed off shall also be transferred. If any of the ld.
Counsels have any details relating to the said deposits which have been
made by the shopkeepers, before the District Courts, the same may be
submitted to the Court Master, who would transmit the information to the
Registrar General. Let this process be completed within a period of two
weeks. A report of the status of the transfer of amounts be placed on record
by the next date of hearing.
9. Insofar as the Kalkaji Mandir Redevelopment Fund account is
concerned, let the said account be opened and be operated by the ld.
Administrator. Ld. Administrator is permitted to accept voluntary donations
for the purpose of redevelopment and he shall deposit the said donations
Signature Not Verified
Digitally Signed By:Devanshu
Signing Date:17.01.2022
12:49:39
exclusively in the Kalkaji Mandir Redevelopment Fund, subject to further
orders of this Court. The ld. Administrator shall file the details of donations,
if any, received in the said account by means of a report, by the next date of
hearing.
10. The DDA has already informed the ld. Administrator during the
interactions which were held, that it has no objection to the redevelopment
of the Kalkaji Mandir, and the creation of the temporary shops and kiosks in
the Mandir premises. The same is recorded in paragraph 26(i) of the
Administrator's report. Let a communication to this effect be issued by the
DDA to the ld. Administrator, within one week.
11. With respect to the directions to the Delhi Jal Board issued by this
Court in its previous orders, Mr. Rameezuddin Raja, ld. Counsel, appearing
on behalf of the Delhi Jal Board, submits that the work relating to laying and
repair of sewage lines, open drains, etc., has already been completed. Insofar
as setting up of piyaos is concerned, the same would be completed within
the next four to five days. The said statement is taken on record. The
counsels for DJB and all parties to confirm this position on the next date of
hearing.
12. The report of the ld. Administrator also notes that the shopkeeper of
Shop No. 1 is not vacating the shop, in terms of the directions given by this
Court. Accordingly, issue notice to Mr. Radhey Shyam, shopkeeper of Shop
No.1 named 'Kalkamai Ke Prasad Ki Kadami Dukan', as also through his
counsel- Mr. Gaurav Sharma, to appear and make submissions on the next
date of hearing, as to why the said shopkeeper is not vacating the shop. Let
the Registry serve notice upon Mr. Gaurav Sharma, ld. Counsel
[M:9873369577] [[email protected]] and Mr. Radhey
Signature Not Verified
Digitally Signed By:Devanshu
Signing Date:17.01.2022
12:49:39
Shyam, through all permissible modes.
13. List on 1st February, 2022 at 2.30 p.m.
CM APPL. 43796/2021 in CM (M) 575/2021
14. Mr. Ankur Singhal, ld. Counsel submits that no reply has been filed in
the matter.
15. Mr. K.G. Chhokar, ld. Counsel accepts notice in the application. He
submits that he wishes to file a reply. Let the reply be filed, within two
weeks.
16. The Nazir's report has been received, which shows deposits to the
following effect:
"
S. FDR'S No. DEPOSIT AMOUNT MATURITY MATURITY
No. DATE OF OF FDR DATE OF VALUE OF
FDR FDR 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. ONE ENVELOPE SEALED UNDER THE DIRECTIONS OF HON'BLE COURT
DATED 10.09.2008 (copy of order enclosed)
"
17. The fixed deposits, which are attached to the Nazir's report, do not
reflect as to whether the said FDRs are renewed or not. The said FDRs shall
accordingly be encashed and the amounts are directed to be transferred to
the account of the Registrar General of this Court in the account, as
mentioned in paragraph 8 above.
Signature Not Verified
Digitally Signed By:Devanshu
Signing Date:17.01.2022
12:49:39
18. Let the electronic copy of the Nazir's report be supplied by the
Registry to Mr. K.G. Chhokar, ld. Counsel, upon request.
19. List on 1st February, 2021 at 2.30 p.m.
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) 674/2021
20. 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.
21. List all these suits on 1st February, 2022 at 2.30 p.m.
CS (OS) 2499/2010
22. This suit has been received by this Court today. Let the suit be
renumbered and placed in Category B.
23. 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.
25. 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.
26. Let a copy of today's order be communicated to the worthy Registrar
General of this Court.
PRATHIBA M. SINGH
JUDGE
JANUARY 14, 2022
dj/aman/ad/Ak
