The Supreme Court in the case Kalkaji Mandir Vikreta Sangathan And Ors. v. Piyush Joshi And Ors observed and has refused to entertain applications by occupants of the encroachments within the Kalkaji Temple premises wherein seeking for stay of eviction notices which is issued to them by the Administrator who is appointed as per the directions of the Delhi High Court.
The bench comprising of Justice Sanjiv Khanna and Justice M M Sundresh observed in an application filed by occupants, including vendors, hawkers and shopkeepers who have built and has occupied the structures within the said premises of the Temple for years. It has also been informed by the court that it is not just the administrator but also the High Court which had ordered for the eviction of the Applicants.
Before the court, the counsel appearing for the applicants submitted during the hearing that, These are poor people, Kindly consider my lord. Adding to it, he stated that, we are the ones who occupied the dharamshala and if we don’t occupy then no one will stay there. The bench headed by Justice Sanjiv Khanna orally remarked that, Don’t worry. We will find someone else. You cannot together occupy the place for years and generation. Thus, let the administrator do his work and If you want one month’s time, the court will grant you.
The counsel appearing for the applicant during the hearing submitted that, This is the peak winter, kindly consider my lord. However, the court was also informed by the Respondent Counsel that after the eviction notices were served to the applicants and they have broken the seals and have re-entered the premises. It has been remarked by the bench that, You have got no right now. You have to vacate and if you have done something wrong. In fact contempt action maybe contemplated against you. The court stated that it is important to point out that during the last hearing, the Top Court had refused to stay the Delhi HC Order appointing Administrator and had directed removal of encroachments from mandir premises.
Further, it has been pointed out by the counsel appearing for the applicants that there being no alternate accommodation was being provided to the Applicants, the bench stated that they are putting you up in Ren Basera. Thus, You stay there. This court cannot allow you to or permit you to stay there. As you have stayed there. You have made money and It cannot be an inheritable thing. In its order, the bench stated while granting one months time to vacate the premises and has stated that this court do not find any merit in the present applications and the same is dismissed. It has also been pointed out by the court that the Applicants had broken the seals and have re-entered the premises.
Therefore, on the request made by Learned Counsel for Applicants, time up to 31-01-2023 is granted. The police is to take action to compel eviction if order not followed. Further, it has been stated by the respondent authorities that applicants will be accommodated in separate Ren Basera.