SC refuses to order status quo on Delhi HC order on Kalkaji Temple

NEW DELHI: The Supreme Court on Wednesday refused to grant status quo on a plea challenging the Delhi High Court's verdict which has passed a slew of directions concerning the administration and maintenance of Kalkaji temple in South Delhi .
The top court, however, issued notice on the plea and sought a response from the Centre and other parties.
A bench of Justices DY Chandrachud and Bela M Trivedi also refused to stay in the direction for the appointment of Justice (retd) JR Midha as the administrator of the temple to look after the day to day administration and the issue of safety and security of the temple.
Senior advocate Rajeev Dhavan, appearing for the petitioners, said that the High Court has directed the Delhi police to proceed with the removal of encroachments and unauthorised occupants and shopkeepers, who do not have any valid legal rights to occupy the shops, in Kalkaji Temple in South Delhi here.
He sought direction for the status quo till the time the plea was decided.
The bench said, "We won't grant the status quo. We have issued notice and we have to look at the matter in a larger perspective".
Dhavan submitted that the matter concerning Kalkaji Temple had come up before this court in two sets of cases with one dealing with the High Court order of October 9, 2013, in which direction was issued to the municipal authorities to demolish unauthorised constructions but it was stayed by this court.
He said that another appeal is against the order dated September 27, 2021, by which the High Court had issued a slew of directions regarding the administration and maintenance of the Kalkaji temple.
Dhavan said that the High Court had exceeded its jurisdiction in the First Appeal Against Order (FAO) petition.
He said that the entire temple has been taken over and a redevelopment plan has been put into motion under which the temple priest or Shebait does not have any right over the management of the temple.
"It is unheard of. My rights have been taken over," he said and sought a stay of the September 27, last year order.
The bench said that it is issuing notice and would hear the matter after the vacation.
On March 25, the top court refused to interfere with the High Court order directing the removal of encroachments and unauthorised occupants and shopkeepers, who do not have any valid legal rights to occupy the shops, in Kalkaji Temple.
It had said, "We are not inclined to entertain the plea. We grant liberty to the petitioners to move the administrator appointed by the High Court with their grievances and the administrator will place the report before the High Court for suitable directions".
The top court had said, "In some matters, we need to trust our High Courts. We all have been judges of the High Court. We are not here as an appellate forum in every matter. The dignity of the deity must be preserved".
On September 27, last year, the High Court had directed the removal of encroachments and unauthorised occupants and shopkeepers, who do not have any valid legal rights to occupy the shops, in Kalkaji Temple in South Delhi, and said the action be taken within five days keeping in view the forthcoming Navratri festival.
The high court had said it is essential for a temple, where thousands of devotees visit for conducting puja every day, irrespective of its public or private status, to be devoid of unauthorised encroachments which results in extreme inconvenience and safety and security concerns for the devotees.
It had appointed retired Delhi High Court judge, Justice (retd) J R Midha as the administrator of the Kalkaji Temple for performing various functions concerning the religious place.
The High Court had also appointed Goonmeet Singh Chauhan, a renowned Architect who has undertaken various projects of public importance, to submit a re-development plan for the Kalkaji Mandir and the entire surrounding complex and said he shall work closely with the Administrator and his team.
The court had said that the mandate of the administrator shall be to take all necessary steps in the interest of devotees, pilgrims, baridaars (persons managing temple affairs), in order to ensure their safety and security, as also to preserve the integrity and sanctity of the deity and the mandir which is of utmost historical importance to the people of Delhi.
It had directed that all unauthorised occupants/encroachers, who do not enjoy valid tehbazari licences, and are in unauthorised occupation of the premises, would be liable to be removed, until and unless there is a court order protecting the occupant.