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The Supreme Court bench of Chief Justice Dipak Misra and Justices DY Chandrachud and AM Khanwilkar on Monday (September 11) superseded all the orders passed by the Delhi High Court regarding the cleanliness of the Kalkaji Mandir and directed that all counsels appearing in these cases will be served with certain recommendations of the committee (formed in pursuance of previous court order) and these recommendations will withhold any disputable right of encroachment.

The Supreme Court order said that these suggestions are binding on Delhi Police also. The bench said no right or title of any bona fide shop owner will be affected.

The case has emerged from a PIL regarding the cleanliness of the temple. The committee appointed by the court had suggested some steps to keep the temple and surroundings clean pursuant to the directions of the Court. Some of the steps suggested are that the DDA should maintain the nearby park and also see to the cleanliness of the toilets in the vicinity. There should be steps taken for setting up barricades, getting volunteers to keep the surroundings clean, etc.

On Monday, Justice Misra said: “This SLP doesn’t consider the right to life and personal liberty as enshrined under Article 21. This is a matter of civil litigation.”

The counsel for respondent informed the court that the Delhi High Court had passed several orders in past, pertaining to public interest. The apex court bench then passed its order.

The next date of hearing will be in the last week of September.

India Legal Bureau

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