KALKAJI MANDIR VIKRETA SANGATHAN-II AND ORS. Vs. PIYUSH JOSHI AND ORS.
LAWS(SC)-2016-3-84
SUPREME COURT OF INDIA
Decided on March 16,2016

Kalkaji Mandir Vikreta Sangathan -Ii And Ors. Appellant
VERSUS
Piyush Joshi And Ors. Respondents

JUDGEMENT

- (1.) In pursuance of our earlier orders, the Committee has visited the temple in question and found certain areas of concern. The areas of concern that the Committee has noted are to the following effect: "(a) The most fundamental problem was the non-demarcation of the temple premises, thereby permitting all authorities to pass the responsibility on without any accountability of their own. Temple land, DDA land, Mahant's land and private land seemed to all merge together without clear perimeters or fences. (b) The construction of the toilet block by SDMC near the South Gate (the DDA Parking lot) was underway. (c) The fence between the DDA parking and the greenbelt of Astha Kunj was broken and a lot of garbage was being thrown on the land meant to be green belt. (d) There is a shelter constructed by DDA for temporary occupation of visiting pilgrims which was fully occupied by permanent occupants, which was contributing to the lack of cleanliness in the area. (e) There was leakage of water from the water pipe flowing from the tank of Delhi Jal Board which was being freely utilized by the occupants for all purposes. (f) The North Gate (from the Lotus Temple side) had an open car parking strewn with garbage and no supervision. (g) An open drain near the West Gate (close to the Metro station) had led to water stagnation and filth."
(2.) The Committee has suggested the following steps to be taken:- "(a) A clear demarcation of the temple area and non-temple area be done so that thee may be ease in determining responsibilities. (b) SDMC be directed to operationalize and maintain the three toilet blocks. (c) DDA may be directed to fully fence the green belt with fence of appropriate height with barbed wire atop it and to ensure regular visits so that the same is not breached in any manner. (d) DDA may be directed to immediately depute sufficient staff to commence beautification of the green belt. (e) SDMC should be directed to depute requisite staff to clean the DDA parking area as well as all other areas around the temple, especially those indicated above. (f) Delhi Jal Board be directed to plug the leakage in the pipe and to cover the drain and also to put wire fencing to prevent open bathing and washing of clothes. (g) SDMC should be directed to immediately take steps for renovation of the existing toilet blocks and stops drainage through the park and make sufficient number of facilities for use by men and women. The Corporation may be directed to put in place appropriate mechanisms for ensuring periodic cleaning of all 3 toilet blocks. (h) The DJB be directed to implement its water and drainage proposal at the earliest and to strictly comply with the timeliness indicated by it. (i) Proper signage be put up by the temple authorities to direct disposal of trash in the garbage bins provided for the same, and for the PWD to assist in repairing the drains." Having heard learned counsel for the parties, we are of the considered opinion that these are the areas which are to be focused upon at present.
(3.) As far as the suggestion (a) is concerned, we only direct the concerned Sub-Division Magistrate to instal a demarcating barricade by which the non-temple area can be carved out. Be it noted, he shall not go by any kind of records because that may effect the right, title and interest of the litigating parties in various courts. He shall only demarcate so that the concerned authorities can proceed with the works relating to cleanliness and other aspects.;


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