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The Delhi High Court on Friday dismissed the petition filed by habitants of Kalkaji Mandir Dharamshala seeking their rehabilitation prior to their eviction from the Dharamshala.

A single-judge bench of Justice Parthiba M Singh noted that "no substantial attempt has been made to contact either the ld. Administrator nor Delhi Urban Shelter Improvement Board(DUSIB) to attain the said accommodation in रैन बसेरा (Night shelters)."

The petition has been filed in furtherance of the High Court's September 9 order appointing Justice JR Midha, former Judge of the High Court as Administrator of the Shri Kalkaji Mandir situated in South Delhi after observing that the baridaars are unable to exercise effective control to administer the Mandir and its premises and take measures for the safety and security of the devotees.

In addition to this, the High Court had further directed that the Administrator shall take all steps necessary for the safety and security of the devotees and pilgrims visiting the Mandir daily. This shall include the removal of all the unauthorized encroachments and unauthorized occupants from the Mandir complex.

However, the bench on Friday observed that "it was clearly mentioned that in respect of the Petitioners and their families residing in the Dharamshala, unauthorizedly, they were to vacate the said premises, however they were free to approach the DUSIB/DDA for alternate accommodation."

Whereas, the petitioner has submitted that they ought to be given alternate accommodation and ought not to be evicted from their residences, especially since they are large families with children.

In response to which Standing Counsel Mini Pushkarna appearing for DUSIB submitted that "only one telephone call was made on behalf of the Petitioners to the Deputy Director, Night Shelters, for the purposes of making some enquiry. However, thereafter, no attempts are stated to have been made by the Petitioners to obtain the रैन बसेरा (Night shelters) facility from DUSIB."

"Even today, if the Petitioners approach the said official with a request, the रैन बसेरा (Night shelters) would be made available temporarily, on a 24x7 basis for the next few days," Pushkarna added.

However, the bench noted that "this Court had passed various orders directing removal of unauthorized encroachers and the illegal occupants from the Mandir premises, both in the form of those running and unauthorizedly occupying shops, stores, kiosks as well as those residing with large families in the dharamshalas within the Mandir premises."

"Primarily, the dharamshalas in the Mandir premises are expected to be catering to the devotees who come from outside Delhi, and who may need temporary spaces while they visit the Mandir for darshan purposes," the Court added.

The bench further observed that "The dharamshalas within the Mandir are not meant to be occupied permanently by shopkeepers, or their families running shops/kiosks in the Mandir premises. Further, such occupation is clearly illegal, as no license fee or teh bazari was even being paid by the Petitioners."

However, the Court while keeping the deadline for vacating the premises by encroachers same as mentioned in the earlier order i.e December 25, said that the Petitioners are still free to contact either the Administrator, as per the earlier directions or DUSIB for allotment of alternate accommodation.

Case Title: Saraswati and Ors. Vs. Union of India and Ors.