The Supreme Court in the case Kalkaji Mandir v. Piyush Joshi observed and has appointed Additional Solicitor General, Ms. Aishwarya Bhati as Amicus Curiae, in a petition assailing the Delhi High Court order regarding the administration and maintenance of Kalkaji Temple. Thus, the Apex Court thought it fit to appoint an Amicus in order to avoid hearing the pleas in a piecemeal manner and to have a complete overview of the matter.
The bench comprising of Justice D.Y. Chandrachud and Hima Kolhi observed and also asked Advocate, Ms. Archana Pathak Dave for assisting ASG Bhati.
The bench stated that, we request Ms. Aishwarya Bhati, ASG for assisting the court as an amicus curiae. For facilitating requisite assistance to Ms. Bhati we also request Ms. Archana Pathak Dave to assist her.
The court also asked Ms. Bhati to file a brief note, the Bench indicated that it would provide about sufficient time, a time period of 4 weeks will be granted to do the same.
Dr. Rajeev Dhavan, Senior Advocate appearing on behalf of the Mahant of the Kalkaji Temple apprised the Bench that the main matter before it pertains to the issue ‘whether the it (Mandir) was to be developed in its totality or since it being a private land it should it be limited to cleanliness hygiene. Thus, it was added by him that an offshoot to the main matter is the challenge to the FAO filed before the Single Judge of the Delhi High Court, which has now been, essentially being converted into a writ petition and orders are being passed in the nature of orders passed in an Article 226 petition.
The court Impugning such conversion as being ‘beyond jurisdiction, it was submitted by Dr. Dhavan that, can a court redevelop a temple in FAO or otherwise? If this is correct, then courts in every part of the country will be going to some temple and say they need to be redeveloped. But, the same is not the business of the court.
However, it was submitted that recently in a connected matter, a Bench led by Justice A.S. Bopanna has stated that redevelopment of the Kalkaji Temple can continue, but the same ought not to disturb the rights of the stakeholders.
Adding to it, he stated that at present a redevelopment plan is being proposed and the same is to be considered by the Single Judge on 28th October, 2022 and in view of the same, Dr. Dhavan beseeched the Bench for granting a status quo order.
The bench of Justice Chandrachud was of the view that nothing crucial would happen in the hearing which is to take place on 28th October, 2022. Thus, he was quick to add that the Single Judge might be apprised of today’s order of the Apex Court and in case some substantial orders are passed, it was stated by him that the aggrieved parties can approach the Apex Court.
It stated, the Ld. Judge will know now that the court have appointed Amicus…Whatever happens we are here.
Accordingly, the court issued the notice in these pleas on 27.04.2022. The court while issuing the notice refused to stay the High Court direction for appointment of Retired Judge, Justice JR Midha as the administrator of the Temple for taking care of the day-to-day administration and issues of security and safety of the temple. It had been directed by the Single Judge of High Court that the entire temple complex shall be under the direct supervision and control of the Administrator.
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