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Kalkaji encroachment: Supreme Court rejects plea seeking stay on eviction, grants time till January 31 for vacation of premises

The Supreme Court has rejected the petitions filed by the occupants residing on encroachments within the Kalkaji Temple premises seeking stay on eviction notices issued to them by the Administrator appointed as per the directions of the Delhi High Court.

The Bench of Justice Sanjiv Khanna and Justice M.M. Sundresh on Monday passed the orders on applications filed by the occupants, including vendors, hawkers and shopkeepers, who have built and occupied structures within the premises of the Temple for years.

The Counsel apprised the Apex Court that it was not just the administrator but also the High Court, which had ordered for the eviction of the Applicants.

The Counsel appearing for the applicants urged the top court of the country to consider their application, stating that these were poor people, who have been occupying the dharamshala for several years. Where will they go in the peak of winters, he asked.

The Bench observed that they cannot occupy the place for years and generations together. It cannot be an inheritable thing. Granting them time till January 31 for vacating the premises, the Apex Court said let the administrator do his work.

The Counsel for the Respondents said that after the eviction notices were served to the applicants, they had broken the seals and re-entered the premises.

The Bench then remarked that they had no right to continue their stay at the premises. It further warned that contempt action may be contemplated against them.

Earlier also, the Apex Court had refused to stay the Delhi High Court Order appointing the Administrator and had directed removal of encroachments from the temple premises.

The Counsel for applicants pointed out that no alternate accommodation was being provided to them. The Apex Court then said that they were being put up in Rain Basera.

(Case title: Kalkaji Mandir Vikreta Sangathan And Ors vs Piyush Joshi And Ors)

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