New Delhi: The Supreme Court on Monday, January 9, dismissed the pleas of those who encroached on the lands within Kalkaji Temple premises in Delhi, refusing to stay eviction orders served on them, Livelaw reported.
A two-judge bench of Justice Sanjiv Khanna and Justice M.M. Sundresh was hearing petitions moved by occupants, including vendors, hawkers, and shopkeepers who have built and occupied structures within the premises of the temple for years. The notices were issued to them by a Delhi high court-appointed administrator.
Pleading with the court, the counsel for the petitioners said, “Kindly consider my lord. These are poor people. We are the ones who are occupying the Dharamshala. If we don’t occupy then no one will stay there.”
Justice Khanna in response remarked orally, “Don’t worry. We will find someone else. You cannot occupy the place for years and generations together. Let the administrator do his work. If you want one month’s time, we will grant you.”
The petitioners’ counsel still pleaded with the court. “Kindly consider my lord. This is peak winter.”
At this stage, the respondent counsel told the court that even after encroachers were served notices, they broke the seals and re-entered the premises.
The court then said, addressing the petitioners’ counsel, “You have got no right now. You have to vacate. You have done something wrong. In fact, contempt action may be contemplated against you.”
During the last hearing of the matter too, the apex court had refused to stay the orders issued by the Delhi high court’s appointment of an administrator to look into the matter.
When the petitioners’ counsel pointed out that no alternative accommodation was provided to them, the court said arrangements were already made to accommodate the petitioners in Rain Basera, night shelters for homeless people in Delhi.
“You have stayed there. You have made money. It cannot be an inheritable thing,” the bench said.
The court granted time until January 31 to the occupants to comply with the eviction notices while rejecting their pleas.
According to Indian Express, the unauthorised occupants, nearly 40 families, were given three options in accordance with a Delhi high court order and were asked to either take flats on rent from the Delhi Urban Shelter Improvement Board (DUSIB) or apply to Delhi Development Authority (DDA) for purchase of EWS flats or take up flats on rent from the DUSIB. As they allegedly refused to accept any of the options, eviction notices were served on them.