Read Time: 05 minutes

A Supreme Court bench of Justices Chandrachud and Bela Trivedi today refused to grant status quo on eviction of unauthorised occupants from Jhuggis and Dharamshalas at Kalkaji temple. 
The court was hearing a plea challenging the directions issued by Delhi High Court with respect to administration and maintenance of the temple. 
The bench further refused to stay Justice Midha’s appointment as administrator to take care of every day activities.

Justice Prathiba Singh of Delhi High Court had in September 2021 held that the temple complex shall be under the direct supervision and control of the administrator. The court had further held that the manner in which certain shops were constructed were in the nature of obstructing the devotees from worshipping in the temple.

When the matter came up for hearing in the Supreme Court today, Rajeev Dhavan, Sr. Adv, submitted that there were two sets of cases before the court. One is a 2013 appeal filed by the shopkeepers challenging the order of Delhi High Court which has the demolition of unauthorised construction in the temple premises. The Supreme Court had in 2013 granted an injunction of the demolition ordered by Delhi High Court. 
The second set of appeals is a challenge to the order of Delhi High Court that was passed in September 2021. He submitted that the High Court instead of analysing the rights of a married daughter in relation to Pooja Seva expanded the scope of the appeal and took over the control of its temple by appointing an administrator.

Dhavan argued that that the High Court could not have taken over the temple and sought for a stay of the order of the High Court. Dhavan then urged the court to grant a status quo order on the eviction of unauthorised occupants from Jhuggis and Dharamshalas at Kalkaji temple. Supreme Court had in March refused to stay the eviction of unauthorised occupants from Jhuggis and Dharamshalas at Kalkaji temple.

The court on hearing his submissions issued notice but further refused to grant an order of status quo with regard to eviction.
The court further indicated that the larger issue has to be considered and it will consider the same after the summer holidays.

Case title: Kalkaji Mandir Vikreta Sangathan-Ii And Ors. V. Piyush Joshi,