Kalkaji Temple Redevelopment: Delhi High Court Orders Delhi Police To Proceed With Eviction Of Unauthorised Occupants
1. Factual Background & Judicial Directive
Delhi High Court’s directive: The court ordered the Delhi Police to evict multiple unauthorized occupants—specifically those inhabiting jhuggis (makeshift huts) and dharamshalas—within the Kalkaji Mandir complex, starting March 24, 2022.
Reasoning behind urgency: With Navratras beginning April 2, the Temple expected a mass influx of devotees, and the court found that these unauthorized dwellings posed an “enormous threat” to devotees’ safety and security.
2. Procedure Followed & Options Offered
Alternate accommodation offered: The unauthorized occupants—about 142 jhuggis and 46 dharamshalas—were given three alternatives:
Rent flats from the Delhi Urban Shelter Improvement Board (DUSIB)
Apply to the Delhi Development Authority (DDA) for purchase of EWS flats
Shift to rain baseras (shelters)
Court-appointed Administrator’s role: The Administrator, assisted by Delhi Police, SDMC, DDA, and DUSIB, was empowered to carry out eviction and, on humanitarian grounds, facilitate alternate accommodation—even if any such application was pending.
3. Supporting Measures in Broader Redevelopment Plan
The High Court also arranged a phased redevelopment plan, including:
Conducting a survey to ascertain the number of occupant families.
Coordinating between DDA, DUSIB, SDMC, and Delhi Police to manage eviction and redevelopment
Interim infrastructure steps:
Building a boundary wall, completing demarcation,
Allocating temporary shops/kiosks managed by the Administrator/Architect,
Facilitating civic amenities—drinking water, sanitation, etc
4. Supreme Court’s Endorsement
The Supreme Court declined to interfere with the High Court’s decision. It emphasized priorities such as devotee safety, temple dignity, and administrative efficiency. However, SC permitted those claiming they were not unauthorized occupants to approach the Administrator for resolution.
5. Key Judicial Observations & Principles (Case Law Without External Law)
While the court’s orders are administrative in nature, they reflect broader judicial principles:
Protection of devotees and sanctity of religious premises justify decisive action when unauthorized occupation results in safety or management concerns.
Court’s trust in administrative oversight: By empowering the Administrator and multiple civic agencies, the court ensured a coordinated, transparent, and accountable approach.
Balancing strictness with humanity: Eviction was mandated, but alternate housing options were offered—striking a humane balance.
6. Summary Overview
| Element | Details |
|---|---|
| Who | Delhi High Court (Justice Prathiba M. Singh); Delhi Police; SC (Justices Chandrachud & Surya Kant) |
| What | Eviction of unauthorized occupants in Kalkaji Temple premises (jhuggis & dharamshalas) |
| Why | Devotee safety during Navratras; restoring temple sanctity; enabling redevelopment |
| How | Eviction starting March 24, 2022; alternate housing options offered; coordinated action through Administrator along with civic agencies |
| SC’s view | No interference, affirming HC’s urgent and rational approach; allowed petitions to seek relief via Administrator |
7. Plain‑Language Insight
Imagine a temple complex burdened by illegal makeshift dwellings right before a major festival season. The court steps in, saying: "This is not just untidy or inconvenient—it poses real danger to thousands of worshippers. We're giving people a chance to relocate humanely, but if they don't cooperate, eviction will proceed immediately." This is exactly what the Delhi High Court did. And the Supreme Court backed it—only adding that if anyone believes they are being wrongly evicted, they can approach the Administrator for review.
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