SC refuses to interfere with Delhi HC order on removal of encroachments

New Delhi: The Supreme Court Friday refused to interfere with the Delhi High Court order directing 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.

A bench of Justices D Y Chandrachud and Surya Kant 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 bench 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".

At the outset, the bench told senior advocate P N Mishra, appearing for the petitioners, that they should have cooperated with the drive.

"We have seen the judgement of the High Court. The reason that the High Court has considered is the fact that Navaratri is starting and you are only interested in making money," the bench said.

Mishra submitted that his clients are not interested in the money but the land which belongs to them and they have been there for years.

The bench said that those displaced will be rehabilitated.

Mishra pointed to the report filed by the Sub-Divisional Magistrate (SDM) which said that the land belonged to the Pujaris (priests) and not to the deity.

"When the court had entertained the petition in 2013, these Pujaris came forward with the claim of their land. A direction was issued to the SDM to ascertain the actual owner of the land. The SDM filed the affidavit which said that it is a private land belonging to the Pujaris and not of deity. It is not government land but private land", he said. Mishra said that demolition is taking place of Jhuggis which are unauthorised constructions but there are Dharamshalas which are 200 years old and these Pujaris are staying there with their families for years.