BISHAN SWAROOP vs MAHENDER KUMAR PANDEY

$~3 (SB), 2(SB), 4(SB) & 42 to 61
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 6th October, 2023

+ 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, 43944-46/2021, 3172/2022, 3455/2022, 5641/2022, 5642/2022, 5803/2022, 5865/2022, 7745/2022, 13472/2022, 16153/2022, 17039/2022, 18207/2022, 18247/2022, 18248/2022, 21768/2022, 21801/2022, 21802/2022, 21803/2022, 22125/2022, 23093/2022, 29624/2022, 32296/2022, 34552/2022, 34553/2022, 39754-55/2022, 40548/2022, 43723/2022, 53179/2022, 876/2023, 14509/2023, 15812/2023, 15813/2023 13658/2023, 22230/2023, 25196/2023, 27387/2023, 28558/2023, 28559/2023, 29981/2023, 31169/2023, 40347-49/2023, 41312-13/2023
NEETA BHARDWAJ & ORS. ….. Appellants
versus
KAMLESH SHARMA ….. Respondent
With
+ CM (M) 323/2021 & CM APPL.14178/2021, 20945/2021, 20949/2021, 40269/2021
+ CONT.CAS(C) 614/2021
+ CS(OS) 531/2021 & I.A. 9648/2023
+ CS (OS) 2499/2010
+ CS (OS) 511/2021
+ CS (OS) 526/2021 & I.A. 7511/2022
+ CS (OS) 527/2021 & I.As.1717-18/2022
+ CS (OS) 533/2021 & I.As.1721-22/2022
+ CS (OS) 535/2021 & I.A. 7552/2022
+ CS (OS) 538/2021 & I.As.1725-26/2022
+ CS (OS) 539/2021 & I.As. 9063/2022, 9064/2022
+ CS (OS) 540/2021 & I.A. 7940/2022
+ CS (OS) 541/2021 & I.As.1723-24/2022
+ CS (OS) 542/2021 & I.As. 9031/2022, 9032/2022
+ CS (OS) 544/2021 & I.As.1719-20/2022
+ CS (OS) 545/2021
+ CS (OS) 547/2021 & I.As.1715-16/2022
+ CS (OS) 554/2021 & I.As. 9061/2022, 9062/2022
+ CS (OS) 579/2021 & I.As. 9981/2022, 9982/2022
+ CS (OS) 55/2022, I.As.12299/2022, 12300/2022, 12341-42/2022, 19288/2022
+ CS(OS) 240/2023
+ CS (OS) 284/2023 & I.As. 10300/2023, 10301-04/2023

Appearances:
Mr. R.K. Bhardwaj, Mr. Neeraj Bhardwaj, Mr. Deepak Bhardwaj, Advocates (M: 9205084060, 9312710547, 9350271061).
Mr. Arun Birbal, Mr. Sanjay Singh & Ms Sonia Singhani, Advocates for DDA. (M:9958118327)
Mr. Neeraj Bhardwaj, Advocate for Mr. Vipul Gaur. (M: 9350271061)
Mr. Lakshay Bhardwaj, Advs. for Poojaries. (M: 9971576388)
Mr. Lokesh Bhardwaj, Advocate. (M:9205084060)
Mr. Rishabh Kapur, Adv. for Applicant in CM No.25196/2023. (M: 7042181838)
Mr Ashish Bhardwaj, Adv.(M: 9811741543)
Mr. Kush Bhardwaj, Advocate. (M:9891074686)
Ms. Samapika Biswal and Mr. Aman Kumar Yadav, Advocates for Ld. Administrator. (M:9406951592)
Mr. Luv Bhardwaj, Advocate (M-9990693140)
Mr. Siddharth Panda and Mr. Ritank, Advs. for MCD. (M:9891488088)
Mr. Thakur Sumit, Advocate for Plaintiffs in CS(OS) 531/2021 (M: 9968454481)
Mr. Vishal Bhardwaj, Advocate
Mr. Ishkaran Singh, Advocate for 19 shopkeepers. (M:9582021885)
Mr. Rajmangal Kumar (M: 9871211544).
Mr. Goonmeet Singh, Architect.
Mr. Rajeev Kumar Chauhan, Advocate for Unregistered Vendors.
Mr. S. Sasibhushan, Advocate.
Mr. Sarvesh Bhardwaj, Advocate.
Mr. Anuj Chaturvedi & Ms. Shreya Manjari, Advs. for DUSIB (M: 9810473166).
Mr. Aly Mirza and Mr. Parbhash Kumar, Advocates (M: 9899720945) for R-10.
Mr. Aditya, Mr. Kamlesh Kumar Mishra, Mr. Kailash Kumar Jha, Mr. Raghunath Pathak and Ms. Shivalika, Advocates (M: 8699723746).
Mr. Akarshan Bhardwaj and Ms. Garima Anand, Advs (M: 9711549953).
Mr. Amit Kumar Yadav and Mr. Anil Kumar Patwari, Advocates (M: 9536654300).
Mr. Saurabh Chadda, Mr. Rohit Bhagat, Advs. (M: 9654671629).
Mr. Puneet Jain, Advocate with Mr. Umang Mehta, Advocate (M: 7415563783).
Mr. Sharique Hussain, Advocate (M: 9540535859) for BSES Rajdhani Power Ltd.
Mrs. Alpana Pandey, Advocate (M: 9999349358).
Mr. Ramesh Kumar Mishra, Advocate (M: 9911461665).
Mr. Kumar Abhinandan, Advocate (M: 6202369141).
Mr. Deepak Bhardwaj, Advocate (M: 9911191300).
Mr. R.R. Kumar, Adv. for intervenor Lotus Temple. (M: 9891296281)
Mr Shreyansh Jain with Dr Sumant Bharadwaj, Adv. for Applicant in CM No. 40347-49. (M: 9874235750)
Mr. Sahai, Advocate.
Mr. Mohd. Saquib Siddiqui, Advocate on behalf of Hari Dutt Bhardwaj
Ms. Himanshi Kaushik, Architect for Pujaris.
Mr. Ashok Kumar Bahl, Adv. (M:9810019614)
Mr. Rajiv Kumar Thakur, Adv. (M:9990781015) with Mr. Sanjeet Kumar, Asst. Manager, SBI, Tis Hazari, Delhi. (M:9015050921)

CORAM:
JUSTICE PRATHIBA M. SINGH
Prathiba M. Singh, J. (Oral)

1. This hearing has been done through hybrid mode.
2. These matters pertain to the Kalkaji Mandir, which this Court has been hearing from time to time. These are part-heard matters.
3. The 13th Report of ld. Administrator has been received and has been perused.
Kalkaji Mandir fund Account
4. In CS(OS) 552/2021, 557/2021, 531/2021, 55/2022 & 56/2022, Mr. Sanjeet Kumar, Assistant Manager, Tis Hazari Branch, SBI appeared on 5th October 2023.
5. The interim report dated 4th October, 2023 submitted by the worthy Registrar General has been received. As per the said report, an amount of Rs.4,05,86,512/- is lying in the UCO Bank in the form of 86 FDRs in the name of Registrar General Delhi High Court A/c Kalkaji Mandir Fund A/c No.15530110155950 IFSC Code UCBA0001553 (hereinafter, ‘Kalkaji Mandir Fund’).
6. Insofar as CS(OS) 56/2022 titled Shiv Narain Sharma & Anr. v. Kirpa Ram & Ors. is concerned, a cheque has also been received on 16th March, 2022 pursuant to the directions of ld. Administrator. The same has been converted into a FDR of Rs.4,93,496/- and is lying with the Original Branch of this Court. The said amount, which is lying in an FDR form, be also deposited in the Kalkaji Mandir Fund.
7. Insofar as the suit CS SCJ 96542/2016 titled Gian Prakash v. Har Saroop Sharma pending before the Court of Ms. Sonam Singh. CJ-07, Central, Tis Hazari Courts, an amount of Rs.99,47,741/- in the form of 11 FDRs was deposited. Currently, the value of the said 11 FDRs is to the tune of Rs.1,08,96,045/-. In view of the order dated 11th February, 2022, let these 11 FDRs be retained separately.
8. Insofar as the deposit of amount in CS(OS) 57/2022 (MISC SCJ 279/2018 tilted Prithi Raj & Ors. v. Tula Ram) is concerned the copy of the order is stated to be sent to the Principal District & Sessions Judge and a fresh reminder has also been issued. Pursuant to the order dated 24th August, 2023, the Manager, SBI, Tis Hazari Branch had appeared before the Registrar General of this Court. Further time is sought on behalf of the SBI Bank as also the Registrar General to submit a report in respect of the amount deposited in this suit. Accordingly, a period of 2 weeks is granted to submit the said report.
9. Insofar as the four FDRs to the tune of Rs.17,39,277/-, which were received by the Registrar General in terms of the Registrar (Appellate)’s order in FAO 36/2021 are concerned, let the said amount be also deposited into the Kalkaji Mandir Fund.
10. As per report dated 4th September, 2023 of UCO Bank, the current balance in the account of Kalkaji Mandir Fund is stated to the tune of Rs.10,99,74,937.21.
11. At this stage, Mr .Bhardwaj, ld. Counsel submits that as per the orders passed by this Court several years ago, the SBI was to retain all the amounts in FDRs. Let the said order be furnished to the worthy Registrar General, so that the SBI can be asked to provide the details of all the amounts.
12. On behalf of the ld. Administrator, it is submitted that there are several demand drafts, submitted by the shopkeepers, which are lying with the ld. Administrator. The said demand drafts may be handed over to the Registrar General, for getting them revalidated and encashed into the Kalkaji Mandir fund account.
13. It is made clear that except the amount qua CS SCJ 96542/2016, all the amounts relating to the Kalkaji Mandir shall henceforth be consolidated into one account i.e. Kalkaji Mandir Fund.
14. Let a final report be filed by the Registrar General in respect of all the amounts now available. If any of the counsels wish to assist the Registrar General, they are free to do so.
Demarcation
15. As per the said report of ld. Administrator, the topographical survey map is stated to have been submitted by the demarcation agency on 18th September 2023. The digitization process needs approximately 90 days as per the Agency.
16. Mr. Prakash Singh, appearing for the demarcation agency submits that the revenue records for the following Khasra numbers are needed:
Khasra Number
KHASRA NO. 1 TO 44
KHASRA NO. 145 TO 232
KHASRA NO. 234 TO 241
KHASRA NO. 244 TO 249
KHASRA NO. 253 TO 259
KHASRA NO. 264 TO 269
KHASRA NO. 272 TO 280
KHASRA NO. 283 TO 286
KHASRA NO. 621 TO 622
KHASRA NO. 957

17. However, the field books for Khasra No.232, 234 to 241, 244 to 249, 253 to 259, 264 to 269, 272 to 280, 283 to 286, 621 to 622 are not traceable with the SDM/ Kanungo at this stage. Mr. Prakash Singh submits that he would require field books ordimensions in respect of these Khasra numbers in order to complete the topographical survey mapping in digitized form.
18. Ld. Counsel for the Pujaris submits that in view of the fact that there were several suits, which were filed earlier, these records may be available with them.
19. Accordingly, ld. Counsel for the Pujaris may meet the demarcation agency in the presence of Mr. Amit Yadav, Kanungo and whatever records are available with the ld. Counsel for the Pujaris they may from time to time supply the same. On the basis of whatever is the available record, the topographical survey map in digitized form shall be submitted to the Court by 25th November, 2023.
20. It is clear to the Court that considering the fact that the revenue records of such an old vintage cannot be traceable with the SDM, the issue of demarcation ought not to in any manner obstruct the redevelopment of the Kalkaji mandir.
21. Accordingly, list for hearing only on the question of demarcation on 4th December, 2023. On the said date, all the parties shall be heard including the SDM and the agency as also the DDA.
22. The DDA officials are free to participate in the meetings between the Kanungo, Agency and the Petitioners, so that the concerns, if any, of the DDA can be addressed.
23. At this stage, it is submitted that in suit CS(OS) 284/2023 titled Nathi Ram Bhardwaj & Ors. v. DDA & Ors. (old number 1235/2002), the demarcation was already done under the supervision of the SDM, Kalkaji by M/s Dhyani Consultants in respect of which the DDA has some objections. The Court shall peruse the report of M/s Dhyani Consultants, and the present topographical map and pass orders on the issue of demarcation.
24. The electronic record of CS(OS) 284/2023 (old number 1235/2002) may be provided to the counsels, who may request for the same, including the DDA.
Redevelopment of Kalkaji Mandir
25. As per the said report, the names and profiles of various consultants have been sent by the Pujaris to the ld. Administrator. Today, Mr. Bhardwaj, ld. Counsel for the Pujaris submits that some of the consultants are agreeable to render their services pro bono.
26. The final master plan and the inputs given vide meeting dated 17th August, 2023, have also been broadly agreed upon.
27. All the parties are ad idem on the issue of redevelopment that the demarcation would not affect the redevelopment of the Mandir as the land forming part of the master plan is not in dispute.
28. Accordingly, let the final master plan be discussed and finalized between the Architect-Mr. Chauhan, ld. Administrator and other stakeholders, who are participating in the meetings. The said master plan shall now be presented before the Court on the next date of hearing without any more caveats.
29. The consultants also be finalized and placed on record by the next date of hearing. The proposal of the consultants agreeing to provide their services pro bono shall also be taken into consideration.
30. Insofar as the remuneration of two architects are concerned, Rs.2 lakhs be released to Architect-Mr. Chauhan and a sum of Rs.2.5 lakhs be released to Ms. Kaushik, Architect on behalf of the Pujaris.
Arrangements for the Navratras
31. The Navratras are commencing from 15th October, 2023 till 24th October, 2023.
32. The ld. Administrator is stated to have issued notices to various authorities including the Delhi Police, Sanitary Inspector, SDM (Kalkaji), Delhi Fire Services, BSES, DUSIB, Delhi Jal Board and PWD. It is directed that all the authorities shall comply with the notices which have been issued by the ld. Administrator.
33. Insofar as the remaining arrangements are concerned, the Court has perused the report of the ld. Administrator for the purposes of arrangements during the Navratras. The ld. Administrator is free to go ahead and take all the steps as narrated therein. The ld. Administrator is requested to ensure that during the Navratras period during which lakhs of devotees visit the Kalkaji mandir, the Darshan is arranged in a peaceful manner and none of the devotees are inconvenienced.
Parking at the Mandir premises
34. It is observed that for the last Navratras, vide order dated 15th March, 2023, parking at the Mandir premises was directed to be regulated by the MCD along with the Delhi Police in the following terms:
(ix) The parking in the Kalkaji Mandir premises shall be regulated by the Delhi Police during the Navratra period along with the MCD. For the said purpose, Id. Administrator may give directions to the concerned MCD agency. As an interim arrangement, the revenue generated during the entire period from the Parking, shall be deposited by the MCD into the account of the Id. Administrator, after deducting the amounts incurred by the said agencies. The same shall be subject to further orders of the Court.

35. Today, it is submitted by the ld. Counsel for the ld. Administrator that the MCD has not deposited the revenue generated from running of the parking with the Administrator’s account. Further, a letter dated 4th May, 2023 has been handed over today claiming that the total income received was Rs.5,58,920/- and the total expenditure was Rs.4,85,221/-.
36. A perusal of the letter makes it clear that as per the MCD only Rs.73,699/- is to be deposited by the MCD, which is rather on the lower side considering the fact that so many lakhs of devotees visit the Mandir during the Navratras.
37. The amount of Rs.73,699/- be deposited in the Administrator’s account within a week. Insofar deductions made are concerned, the Administrator is already in correspondence with the MCD and the same shall be handled at his level.
38. Insofar as the regulation of the parking during the Navratra period commencing from 15th October, 2023 is concerned, the baaridars submit that historically the parking at the Mandir premises was regulated and maintained by baaridars and that they are willing to regulate the parking at the Mandir premises for the Navratra period. They may also be able to generate higher revenues.
39. In view thereof, the concerned baaridars of the Navratra period shall coordinate with the ld. Administrator. The ld. Administrator shall see as to whichever option is viable in the larger interest of devotees and ensuring that the parking is run in an orderly manner. Ld. Administrator shall also consider if baaridars are willing to deposit amounts which is more than the MCD’s revenue which is generated. The final decision may be taken by the ld. Administrator in respect of parking for the Navratras.
Non-payment of Tehbazari for Dhupia Shop by Mr. Hari Dutt Bhardwaj
40. Ld. Counsel on behalf of Mr. Hari Dutt Bhardwaj seeks two more months for depositing of the Tehbazari amount due to medical exigency. The same is granted. Let the amount be deposited by 30th November, 2023 failing which action would be liable to be taken.

Allotment of temporary shops at the Lotus Temple side
41. In terms of the 13th Report of the ld. Administrator, a public auction was conducted for the temporary shops on the Lotus Temple side. A perusal of the same shows that 11 bids have been received for small shops and one bid has been received for large shop.
42. In view of the facts that a public auction has been conducted and that the temporary shops are lying vacant, the ld. Administrator may allot these shops to the said bidders who have submitted the bids after getting proper undertakings executed that they are only licencees and shall have no right on the space. The ld. Administrator is permitted to take further steps for public auction of these shops without any restrictions so that the said shops can then be utilized and the monthly Tehbazari can be collected from these shops. The minimum teh bazari amount ought not be less than Rs. 15,000/- per month for the smaller shops and less than Rs. 50,000/- for the larger shop.
43. Insofar as CS(OS) 531/2021 is concerned, ld. Counsel for the Administrator submits that the report concerning the issues concerning women’s rights shall be filed tomorrow i.e., 7th October, 2023. Let the same be done within three days with a copy to Mr. Sahai, ld. counsel.
44. List on 13th October, 2023 and then on 4th December, 2023.
45. Insofar as the issues relating to the hawkers is concerned, list CM APPLs. 40347/2023, 40348/2023 & 40349/2023 in FAO 36/2021 on 8th December, 2023.
PRATHIBA M. SINGH
JUDGE
OCTOBER 06, 2023
dk/dj/kt

FAO 36/2021 & connected matters Page 1 of 11