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2013 DIGILAW 311 (CAL)

Suravi Bose v. UNION OF INDIA

2013-05-17

ARUN MISHRA, JOYMALYA BAGCHI

body2013
Judgment :- Arun Mishra, C.J. Writ petition no.24928 (W) of 2005 pertains to the management of the affairs of the deity Shri Kalimata Temple situated at Kalighat, Kolkata. The questions, which have been raised in the petition, are with respect to development of the temple, proper accounting of the offerings made to deity everyday and proper mode of worship of the deity, to stop throwing of petals, garlands and other puja materials from a distance towards the deity and development required in the Garbha Griha and outside wherever it is necessary and other proposals with respect to upliftment of the temple precinct and steps required to be taken. It is averred in the petition (W.P 24928(W) of 2005) that Kalighat temple is a temple of immense importance and draws of million of the people all over the country and also attracts international tourism. All the moveable and immovable properties are of Ishwar Shri Shri Kalimata Thakurani, Kalighat i.e. Deity. Mode of management/administration of the Kalighat temple is based on the scheme framed by the High Court which was modified by the Hon’ble Supreme Court has been filed as Annexure P/1 to the writ petition. Title Suit No.85 of 1949 was filed by some of the shebaits of the said Deity for framing a scheme for proper management to the Seva Puja of the Deity. According to the scheme, committee of management has been constituted, the same includes District Judge and other officers also. The Treasurer of the temple committee has to keep the accounts of the assets and liabilities of the debuttor estate. All kinds of offerings to the deity including those in the shape of money, ornaments, jewelleries, fee for goat sacrifice, offering of food stuff, offering of clothes, utensils and all offering within the temple area belong to debuttor estate and shall remain in charge of the Treasurer. Income can be spent in the manner provided in the scheme itself. The respondents have failed to manage and/or administer the affairs of the temple and to act in accordance with the provisions of the scheme. It is further averred in the petition that each day’s pala is being sought to be auctioned by the Temple Committee to outsiders who do not have any right to be conferred with the right of such pala. It is further averred in the petition that each day’s pala is being sought to be auctioned by the Temple Committee to outsiders who do not have any right to be conferred with the right of such pala. Such auction of right of pala is being done on the basis of arbitrary fixation of a notional value of each day’s pala. In other words the estimated value of the offerings by the devotees in each special festive occasions are calculated well in advance and over and above such estimated value for each day auction rates for transfer of palas are fixed and on the basis of such auction rates, bidding takes place amongst the interested parties to obtain palas for special festive days. It is also submitted that the several illegal occupants of the temple property were inducted without any authority by the shebaits and the paladers and they are also enjoying electric supply from the electric meters of the temple without making payment of any energy charges at all. Adhoc Committee constituted by the District Judge, Alipore allowed the respondent No.11 to make profit out of the said debuttor estate without accounting for the same to the account of the Deity and further state that the offerings made by the devotees in the shape of ornaments are not credited to the account of the Deity. As a matter of common knowledge, by value of the donations made regularly by the devotees, extends to approximately over Rs.100 Crores per annum. Money is not being duly accounted for in the Committee’s account. Ornaments are being taken away by paladars and shebaits and the anti-socials of the area. Pandas extort money from the innocent devotees. Devotees are harassed. Certain complaints have been filed to the police regarding harassment. Temple is holy place of pilgrims and all illegalities must come to an end forever. There has been no audit of the accounts of the temple committee for last several years. The entire area is under control of pick-pocketeers, swindlers, snatchers in the garb of pandas. The daily seva puja of the Deities have not been done at the fixed hours. Money is demanded from the devotees to enter into the Garbha Griha. There is need for appropriate directions. No proper enquiry has been conducted over various allegations made from time to time. The daily seva puja of the Deities have not been done at the fixed hours. Money is demanded from the devotees to enter into the Garbha Griha. There is need for appropriate directions. No proper enquiry has been conducted over various allegations made from time to time. Prayer has also been made to direct the investigation of the affairs of temple by an independent body like CBI. Hence the petition has been preferred stopping criminal activities, for maintenance of proper accounts. The temple committee in its affidavit-in-opposition contended that temple is being managed as per the Scheme, offerings to the Deity are duly accounted for in the supervision of the management committee. Committee has also asked people to inform them if they come to know that any paladar has sold his pala to any outsider so that steps may be taken against the said paladars/shebaits. Committee is not involved in selling of the palas to any outsider. Usually the offerings would be heavy on auspicious day like the Poila Baishakh, 1st January, or on Kali Puja day or Tuesday or Saturday on which days the devotees visit the temple in large numbers. All the offerings which are made to the Deity are collected in a box as well as thali placed inside the sanctum sanctorum. At the end of the day when the total income is counted the same is counted in the presence of the either Secretary or Assistant Secretary of office staff who resides in the vicinity. 50% of the amount is paid to the paladars as per scheme. Committee has appointed full time staff for Bhog-rag, Arati etc. who are also looking into the activities of the devotees. In the affidavit-in-opposition filed by the respondent No.6 Kolkata Municipal Corporation, it has been contended that inside the campus several small temples and several temporary hawker stalls had been erected over a long period of time. There is lack of maintenance of the structure and negligence in arrangement of cleaning both inside the temple and the adjoining structures. The condition of the entire premises of the temple and its surrounding areas are deplorable. Five crores of pilgrims used to visit the temple in a year. There is lack of maintenance of the structure and negligence in arrangement of cleaning both inside the temple and the adjoining structures. The condition of the entire premises of the temple and its surrounding areas are deplorable. Five crores of pilgrims used to visit the temple in a year. It is further contended by KMC that the project namely Kalighat Redevelopment Project was proposed for improvement ecology and environment of the area in order to attract the tourists from all over India and from abroad. International Foundation for Sustainable Development in short, IFSD has been prepared and Government of India has already sanctioned Rs.5 crore under ‘Destination Tourism’ out of which Rs.4 crore have been released in favour of WBTDC Ltd.. In the meantime, Rs. 1 crore has also been released by the implementing agency, Kolkata Municipal Corporation for construction of the four storeyed building mainly for accommodation of the pilgrims at 35, Kalighat Road, within Ward No.83 of the Kolkata Municipal Corporation. Accordingly, department prepared an estimated amount of Rs.65,44,631/- with respect to the proposed plan. A meeting was held on February, 7th February, 2003 at Great Eastern Hotel, Koltata in presence of different representatives. Thereafter tender was invited. After acceptance of the lowest tender the work has been completed. However, it has also admitted that amount of 76 lakhs is still lying unutilized with the Kolkata Municipal Corporation which is for development of the temple and its surroundings. In the affidavit-in-opposition filed by the respondent Nos.13 to 16, it is submitted that the Committee is required to take consent of the council of shebaits. The offering of dakshina of smaller amount to pujaries and shebaits is long standing and are continuing for ages. Kalighat Temple Committee never formulated any rules for payment of monthly salaries to the Misras and pujaries as they were satisfied with the charge they have received from the devotees. Resolution was passed on September 15, 2006. The devotees would be encouraged to make all their offerings only in the sealed boxes kept for that purpose in the Sanctum Sanctorum. The cost of Bhog Raga as per the provision of the Scheme should be reimbursed by the Kalighat Temple Committee. The expenditure of Bhog Rag of a single day amounts to Rs.15 to 20 thousand maintaining all the customs and usages. A single day’s collection more or less an average Rs.20,000/-. The cost of Bhog Raga as per the provision of the Scheme should be reimbursed by the Kalighat Temple Committee. The expenditure of Bhog Rag of a single day amounts to Rs.15 to 20 thousand maintaining all the customs and usages. A single day’s collection more or less an average Rs.20,000/-. Various rituals have to be performed such as Nitya Puja, Bhog, Naibedya, Barkosh, Daridra Narayan Seba, etc. Now, without the increase in expense to be spent on Bhog Raga, the present system of depositing the entire amount of money, offered to the Deity, to the sealed cash box, the shebaits will be deprived of their justified remuneration. No one is allowed to take photographs of the Deity in the Sanctum Sanctorum. In substance, the prayers made in the petition have been opposed. Suggestion has also been made in the affidavit filed by Executive Council of Shebaits that meditation room to be constructed on the roof of the Nat Mandir with the restriction of entry on the basis of cards. In the affidavit filed by the respondent Nos.2 to 4 and 6, it is contended that the maintenance of Kalighat Temple is with the Committee. Police arrangement has been tightened. In the year 2000, a complaint was registered by Police and enquired into and action was taken. In the affidavit filed by Shri Ranajit Mukherjee, added respondent it is submitted that the Committee is no way connected with the allotment of palas. Palas are allotted to the shebaits by the Council of Shebaits. The other averments made in the petition are also incorrect. Petition be dismissed with compensatory costs. In W.P.No.9009 (W) of 2011 Suravi Bose & Ors. Vs. Union of India & Ors, there are averments with respect to the mismanagement of the temple. Order dated 15.9.2006 passed in W. P. No.24928 (W) of 2005 has been referred. It is projected that Sanctum Sanctorum (Garbha Griha) was found to be extremely slippery, flowers being thrown at the Deity of Goddess Kali, floor of Sanctum Sanctorum (Garbha Griha) strewn with flowers and that the Scheme of management has been flouted. The order passed on 15th September, 2006 has also been referred to with respect to the cleaning of Sanctum Sanctorum. The order passed on 15th September, 2006 has also been referred to with respect to the cleaning of Sanctum Sanctorum. Directions were issued to the Committee to see that flowers offered to the Deity are not treaded upon by the devotees who are allowed to go up in the Sanctum Sanctorum and there shall be a place for disposal boxes for depositing the flowers offered. The devotees will not be allowed to throw the flowers at the idol in stead the Temple Committee will appoint staff to collect the flowers and offer to the Deity, the same flowers could be returned back to the devotees who want the same as a ‘Prosad’. The direction made paragraph 15 and 16 of the order passed by this Court on 15.9.2006 have also been relied upon. Directions issued have not been complied with. The Scheme is not being followed and there is failure to maintain the cleanliness. The Committee is not discharging its function effectively. Sanctum Sanctorum (Garbha Griha) is not kept clean. Flowers and other articles are being thrown towards the Deity. This should be stopped. Hence, the petition has been preferred. In the additional affidavit misbehaviour of Pandas etc. have been pointed out. A redevelopment project – Heritage Tourism and Urban Renewal relating to Kalighat Temple prepared by International Foundation for Sustainable Development has been placed on record of which Nodal Government agency is Department of Tourism, Government of West Bengal, Implementing Government agencies are Kolkata Municipal Corporation, Kolkata Metropolitan Development Authority, Irrigation Department, CPW D etc. It was not disputed at Bar also that the aforesaid project is required to be implemented. At the relevant time when the project was prepared, the estimation of cost was Rs.64 crores. It is also submitted that by passage of time cost would be increased in implementation of the remaining part of the project. The report of the District Judge was called for by this Court, same has been submitted in W.P.No.24928 (W) of 2005. Following aspects have been highlighted in the report. 1) With the passage of time the Scheme framed in Title Suit No.85 of 1949, has been honoured in breach; 2) The financial irregularity and impropriety is the only malady that parvades the whole system. Even this fact was admitted by shebaits/paladars; 3) Kalighat Temple Committee administers the daily Seva puja of the Deity. 1) With the passage of time the Scheme framed in Title Suit No.85 of 1949, has been honoured in breach; 2) The financial irregularity and impropriety is the only malady that parvades the whole system. Even this fact was admitted by shebaits/paladars; 3) Kalighat Temple Committee administers the daily Seva puja of the Deity. Under Clause 48 of the Scheme, shebaits/paladars will be responsible for the Bhog Rag of the Deity. One half of the offerings in the shape of cash money is taken by shebaits/paladars and silver things as weigh up to 10 tolla including silver plated with gold, offerings of cloths and textiles upto Rs.20/- value brass and bell utensils upto Rs.20/-is retained by paladars/shebaits. However, other jewelleries, gold coins, ornaments and pronami in the form of cash belongs to the Deity; 4) There has been rampant transfer of shebaitship and paladarship to outsiders for commercial interest. The same is wholly unauthorised. Such right cannot be transferred to any rank outsider. Paladar sales his right in lieu of large sums of money to outsider who is not shebait or paladar. Such benami persons collects cash money and jewelleries and do not deposit the offerings and the jewelleries with the Kalighat Temple Committee and misappropriate the same. The provision of the Scheme are violated in this regard also; 5) Transferee paladars who are strangers are creating a lot of problem in the matter of performance of daily Seba Puja and Bhog Rag of the Deity; 6) A sum of Rs.30 lakhs was found due from the paladars who did not deposit the declared share of the offerings which they had collected. It is an old arrear. Jewelleries are not being deposited or very negligent amount of jewellery is deposited with the office and the rest are taken by Shebaits/Paladars or benamdars; 7) The cash book is not properly maintained and the key of the bank locker is missing for the last ten years and no steps have been taken for tracing out the key. It was resolved that Bank be requested to make arrangement for opening the locker by breaking the same so as to take stock of the situation. The locker had not been opened for the last ten years. 8) There are instances of anti-socials elements inside the temple premises. Audit was done in the year 2005. It was resolved that Bank be requested to make arrangement for opening the locker by breaking the same so as to take stock of the situation. The locker had not been opened for the last ten years. 8) There are instances of anti-socials elements inside the temple premises. Audit was done in the year 2005. There has been an improvement in the regular timings of offering of the Bhog Rag. Now a days regularity has been achieved. 9) Out of six gates, four gates cannot be opened due to security reason; 10) Assembly of anti-social elements inside the premises cannot be absolutely ruled out; 11) Voter list of the election in the Committee were being prepared at the time of submitting report in the year 2006. 12) The transfer of palas by paladars/shebaits to the outsiders to be stopped forthwith; We have heard the learned Counsel for the parties at length on various stages. The main thrust of the submission was with respect to the proper management of the temple, completion of the development project, proper accounting of the offerings made to the deity everyday and also with respect to the various projects of the scheme which require relook in the changed circumstances. It was also submitted that the throwing of flowers garlands and other puja materials towards the Deity should be stopped forthwith. Directions issued time to time in this regard had not been followed. For proper management entering into the garbha griha may be restrained. It was also submitted that shoes should not be permitted to be taken inside the temple premises. Other suggestions have also been made in writing to be referred later on. The Committee has also come up with the suggestions for proper accounting of the offerings. The Committee has also given the suggestion for proper management of the temple, it was not disputed that the development plan has to be undertaken but the property so developed should remain that of the deity and they shall abide by any direction issued by this Court with regard to restraining throwing of puja materials towards the deity and to keep the temple clean. It was also submitted that the development plan may be carried out by the Committee. It was also submitted that the development plan may be carried out by the Committee. The Counsel appearing on behalf of the KMC, State and others also submitted that let the development plan carried out and be taken to the logical conclusion, the money which is lying with the KMC of Rs.76 lakhs may be utilised for the development work which are required for the temple and its surroundings. From the report of the District Judge, it is apparent that the offerings made to the deity were not duly accounted for as mentioned in the report submitted in the year 2006. It is also apparent that there were various other irregularities and mismanagement taking place as projected in the report of the District Judge. Various other suggestions have been made by the State of West Bengal for up-keeping and improvement of the Kalighat Temple complex including the security. 1) Removal of all kinds of stalls from the precints of Kalighat Temple complex and should be shifted to the proposed shopping complex after its completion; The temple complex including the courtyard, surroundings and passages attached to the temple complex should be free from all kinds of occupiers so that a devotee may move freely; 2) Car parking in the closed surroundings areas and roads should be restricted and controlled; 3) No pandas (private priest) should be allowed to operate. Regular priest should be identified by the Kalighat Temple Committee. Those identified priests should be given proper identity cards by the temple committee and those identity cards must be countersigned by the local Police Authority as per recommendation of the Temple Committee; 4) Close circuit cameras should be installed in the different corner of the Garba Griha so that the proper surveillance may be done for security purpose. At the time of rituals, operation of the cameras may be stopped; 5) Hand collection of the offering from the devotees by the pandas, priests and others must be stopped. In stead of hand collection two different types of boxes should be installed in different places in the garba griha and other places; two types of Boxes are i) box for pronami and ii) box for dakshina; 7) Proper sanitation facilities for the devotees must be done. In stead of hand collection two different types of boxes should be installed in different places in the garba griha and other places; two types of Boxes are i) box for pronami and ii) box for dakshina; 7) Proper sanitation facilities for the devotees must be done. Regular cleaning of the garba griha be done in every hour; 8) Daily accounting of day’s collection and submission of the same with the Temple Committee and recording of the same be maintained in proper manner. We direct suggestion Nos.1, 2, 3, 5, 7 being appropriately be carried out as early as possible within outer limit of three months. We propose to deal with accounting separately. Inspection report on Kalighat Temple has also been submitted by the Superintending Archaeologist, Archaeological Survey of India, Kolkata Circle, Kolkata. The temple is loosing its originality and due to various additions and alterations it is more vivid on the coloured decoration on the exterior side of the temple. It is not possible to afford central protection by the Archaeological Survey of India. However, it is ready to provide any technical guidance if needed. On 15th September, 2006 in W. P. No. 24928 (W) of 2005, this Court has considered the cleanliness of the temple and the condition of ‘Garbha Griha’ and issued following directions:- (i) The Committee was directed to keep the sanctum sanctorum of the ‘Garbha Griha’ absolutely clean and ensure that flowers offered to the Deity are not tread upon by the devotees who are allowed to go up to the sanctum sanctorum. (ii) No footwears should be allowed inside the temple. (iii) Proper screening of the persons for entering the precincts of the temple should be made and no beggar should be allowed inside the temple. (iv) Disposal boxes for depositing the flowers offered be kept. (v) Adequate number of water taps shall be provided. (vi) Certain directions with respect to the sacrifices were also issued. The following are the directions issued by this Court. “6. The Committee is directed to keep the sanctum sanctorum (Grbha Griha) absolutely clean. If necessary some persons would be appointed there who would have the task to cleaning the sanctum sanctorum continuously and to see that the flowers offered to the Deity are not treaded upon by the devotees who are allowed to go up to the sanctum sanctorum. 7. The Committee is directed to keep the sanctum sanctorum (Grbha Griha) absolutely clean. If necessary some persons would be appointed there who would have the task to cleaning the sanctum sanctorum continuously and to see that the flowers offered to the Deity are not treaded upon by the devotees who are allowed to go up to the sanctum sanctorum. 7. Some suggestions have been made by the Council of Shebaits. We have gone through those suggestions. We invited some more suggestions even from the parties, who are appearing before us. We will take stock of those suggestions now. The first suggestion is that no shoes or footwear should be allowed inside the temple precincts and facilities should be created for keeping the footwear outside the gate of the temple precincts. It is reasonable suggestion. Accordingly, we direct that nobody shall be allowed to enter the precincts of the temple with the footwear and the footwears shall be kept outside for which shoe stands may be opened by the temple committee, preferably near each entrance gate. As far as possible, before entering the temple precincts small troves will be created with the flowing water, so that the devotees who enter inside the temple precincts would have to go through those troves, so that they enter the precincts with clean feet. Needless to mention that some arrangements will have to be made so that water in these troves keep on flowing from those troves. Similar such arrangements would be made with the consultation of the engineers inside the temple where the devotees enter the main temple of the Deity. This shall be done within six weeks from today. The Temple Committee shall do this on the priority basis. 8. There shall be a security arrangement, so that every person entering the precincts of the temple can be screened. Nobody shall be allowed to enter the temple with any kind of arms, knives, guns etc. except the security personnel. If necessary the security personnel can check any person who appears suspicious to them. 9. The beggars shall not be allowed within the precincts of the temple at all. The K.T.C. and the police shall take adequate steps against the beggars who are found to be near the temple or loitering near the temple. 10. There shall be placed disposal boxes for depositing the flowers offered. 9. The beggars shall not be allowed within the precincts of the temple at all. The K.T.C. and the police shall take adequate steps against the beggars who are found to be near the temple or loitering near the temple. 10. There shall be placed disposal boxes for depositing the flowers offered. The devotees will not be allowed to throw the flowers at the idol instead the Temple Committee will appoint staff to collect the flowears and offer to the Deity the same flowers could be returned back to the devotees who want the same as a “Prosad” or can be kept separately and disposed of later. Needless to mention that these boxes would be cleaned from time to time. 11. The Council of Shebaits has promised that they will replace the broken marble and stone in the passages as also in the space. They can be allowed that work under the supervision of the K.T.C. 12. Adequate number of water taps shall be installed. 13. Traditionally the sacrifices are made before the Deity of the animals and it is a common experience that the skinning is done. It is directed that the skinning shall not be done in the public view. The sacrifices also shall not be done in the public view. For this purpose the concerned authorities can make a proper arrangement in consultation with the local police. This could be achieved by keeping Gate No.5 open so that the raised cemented area (chatal) can be utilized for this purpose in front of gate no.5. 14. We will now come to the second aspect of the security. It is complained in the petition that number of devotees are fleeced by some persons calling themselves Pandas. It is also complained that number of anti-social elements keep on loitering in the premises and try to fleece the innocent devotees coming from outside and more particularly from the rural background. The security arrangement shall immediately be made so that no devotee is fleeced or troubled. During the hearing an application being CAN 7198 of 2006 was filed on behalf of the kalighat Kali Mandir Brahmon-O-Sahakarmi Sanghathan & Anr. for being joined as parties to this writ petition. The same is allowed. The learned counsel Mr. Ray, appearing on behalf of this organization referred to the newspaper reports which suggested that the entry of such persons would be barred. for being joined as parties to this writ petition. The same is allowed. The learned counsel Mr. Ray, appearing on behalf of this organization referred to the newspaper reports which suggested that the entry of such persons would be barred. The said newspaper report is also annexed to the application. It is clarified that even under the Scheme, the Temple is open for all. Therefore, there will be no question of stopping or obstructing any body from entering the temple. What is, however, to be seen, is these persons who claim to be the priests (private) do not make the nuisance of themselves either for the administration of the temple or to the devotees. If they want to perform any Pujas etc. they may do so, but not in the sanctum Sanctorum. They shall not be allowed to enter into the Sanctum Sanctorum as Pujaris or Priests. That is the right of the Pujaris, who are appointed by the council of Shebaits. The Shebait’s Council within seven days from today give the list of the names of authorized priests by them to the temple administration and only those persons would be allowed to enter for doing the duties of Pujaris in the Sanctum Sanctorum and no others. The police is directed to see that nobody misbehaves with the devotees in the name of being a Panda or a Priest. It is clear from the Scheme that the Institution of this private Priests is not recognized in any manner either by the High Court or by the Supreme Court in the scheme. Therefore, nobody would have the right to perform Pujas or to act as a Pujari (Priest) for that purpose in the Sanctum Sanctorum. Such persons would take adequate care of not proving themselves as a nuisance to the devotees. The policy is directed to take note of this very seriously. Any such person found by the security persons can be removed from the precincts immediately and can be dealt with according to law. With respect to offerings direction was issued to keep the same in the sealed boxes. It was directed thus- “18. The devotees would be encouraged to make all their offerings only in the sealed boxes kept for that purpose near the Sanctum Sanctorum and also near the main temple. With respect to offerings direction was issued to keep the same in the sealed boxes. It was directed thus- “18. The devotees would be encouraged to make all their offerings only in the sealed boxes kept for that purpose near the Sanctum Sanctorum and also near the main temple. For this, notice boards in Bengali, Udiya, Hindi (script) and language would be displayed at all prominent places. Those boxes shall be sealed every day in the presence of the representatives of the Temple Committee, Paladar, Council of Shebaits and any officer above the rank of Head Constable as nominated by the Assistant Commissioner of Police. At the end of the day at 11-00 O’clock or at such time as decided by the K.T.C. the boxes will be opened in the presence of the same authorized representatives of the Paladar/Shebait, who is the Paladar of that day, the representative of K.T.C. and any officer above the leven of Head Constable authorized by the Officer-in-Charge, Kalighat Police Station. The cash shall be counted and recorded and 50% of the cash shall be given to the paladar who shall write a receipt in favour of K.T.C. Unless the receipt is given, the Paladar will not be allowed to take with him 50% of the offerings collected for that day. The record document of daily collection shall be signed but all the above-mentioned persons and also an independent witness. The gold ornaments and other valuables in the presence of the concerned team shall be sealed and be put in charge of the K.T.C. representative. The cash which goes to the K.T.C. representative shall be put in the Bank account on the next day. All expenses from out of that amount shall be routed through the bank. Complete account shall be kept of the cash paid to the Paladar and the cash which has come to the K.T.C. an inventory shall be kept. The list of the valuables including the ornaments and the said inventory will be signed and counter-signed by all the representatives present for counting. The gold valuables shall be transferred to the K.T.C. which would be transferred to the vault immediately lying with the State Bank of India. 19. The list of the valuables including the ornaments and the said inventory will be signed and counter-signed by all the representatives present for counting. The gold valuables shall be transferred to the K.T.C. which would be transferred to the vault immediately lying with the State Bank of India. 19. In so far as the Silver ornaments are concerned the Paladar or the Shebaits, as the case may be, would have right to take the silver ornaments in terms of Clause 48A of the scheme. For that purpose the K.T.C. in consultation with the District Judge shall make the necessary arrangements. This arrangement is only in respect of the main temple of Goddess Kali. The offerings in the other temples shall go to the K.T.C. alone for which a separate account will be kept temple wise.” With respect to the development plan of International Foundation for Sustainable Development, it was directed thus- “20. During the debate it turned out that some funds are being made available by an organization called International Foundation for Sustainable Development (hereinafter called IFSD). This temple is not only important as a temple or as a Saktipith but it is also a tourist spot. It is pointed out by the Corporation in its affidavit that some funds have been made available to develop this spot and for that purpose the Corporation is entrusted with the task of construction of a building which would serve as an Administrative Building cum Pilgrim Facilitation Centre. This is proposed to be done at 34A, kalighat Temple Road. A sum of five crores of rupees has been sanctioned for the development of this project. The other activities would be development or restoration of Kali temple Complex and thirdly the construction of Kiosks for rehabilitation of hawkers. It is reported that presently the Corporation is entrusted with an amount of rupees one crore and it is to act as an implementing agency for construction. Mr. Ghosh appearing on behalf of the Corporation highlighted before us that all the preparations for starting the construction on Plot No.35A are complete and the Corporation would be able to start and complete the project at its earliest. However, it is expressed that there was some opposition on behalf of the K.T.C. When we specifically put this question to the learned counsel Mr. However, it is expressed that there was some opposition on behalf of the K.T.C. When we specifically put this question to the learned counsel Mr. Chatterjee appearing on behalf of the K.T.C., the learned counsel very fairly suggested to us that K.T.C. did not have any objection. However, it was apprehensive of the possibility of some third person claiming any interest in the said building. It is nobody’s case that the building after it is ready would pass into some others hand. On the other hand, it is understood and specifically declared tht the building would be treated as a property of the Deity (Debuttar Property). We, therefore, direct that the work of the construction of this building which would add to the facilities of the pilgrims would start as early as possible and not beyond two weeks from today. 20. There are some other issues. It is points out by Mr. Ghosh that approximately about three crores of rupees are still lying with the West Bengal Tourism Development Corporation and for the purpose of development of the complex it will be better if the activity of development, repairs, electric wiring etc. and repairs of the temple premises is immediately undertaken by the Tourism Development Corporation after the necessary permission. Since the Corporation is going to be an implementing agency, the Tourism Development Department and the Corporation will act in co-operation with each other. The said tasks of necessary repairs, rewiring etc. shall commence as early as possible but not beyond the period of one month from today.” In W. P. 9009 (W) of 2011 Division Bench of this Court has passed an order on 20.4.2012 considering that it was difficult to manage the Pandas, Mishras who enter ‘Garbha Griha’. Total restriction was imposed upon entering into the ‘Garbha Griha’ of devotees including V.I.Ps. and V.V.I.Ps. It was also ordered that not more than two Pujaris at a time would be permitted in the ‘Garbha Griha’ whose duties would be specified by the K.T.C and display on the board the names of Pujaris and hours of duty by the Committee. The Committee was also directed to prepare a roster of Pujaris who shall be permitted to enter the ‘Garbha Griha’ for the purpose of facilitating Darshan and Puja to the devotees. The Committee was also directed to prepare a roster of Pujaris who shall be permitted to enter the ‘Garbha Griha’ for the purpose of facilitating Darshan and Puja to the devotees. It was also ordered that all offerings made by the devotees are to be credited in the account of the Committee and it should not be appropriated by Pujaris or any other person and an account of such offerings whether in the form of money or valuables should be maintained by the Committee. The order was questioned with respect to the restriction imposed on the entry into the ’Garbha Griha’ before the Hon’ble Supreme Court vide Special Leave to Appeal (Civil) No. 16345 of 2012. It was ordered by the Hon’ble Supreme Court that interim order passed by the Hon’ble Supreme Court on 21 st May, 2012 should continue to be in force till the High Court passes final orders in the main petition. Order of this court was stayed. The High Court was requested to decide the case finally and at an early date uninfluenced by the interim order dated 21st May, 2012. Vide order dated 21st May, 2012 the Hon’ble Supreme Court has stayed the order dated dated 12.4.2012 passed by this Court which restricted the entry of devotees and others into the ‘Garbha Griha’. But direction with regard to cleanliness shall remain continue. Various questions are raised in the petition one of them relates to proper accounting of the offerings should be made. It is apparent that approximately five crores devotees visit the temple every year. The amount of savings which is shown of Rs.22,00,000/- for the year 2011-12 does not appear to be proper figure of offerings of cash etc. It appears that most of the offerings is not being properly accounted for. Hence, it is necessary to issue appropriate direction in this regard. We have directed earlier to point out possibility whether Bank can collect the offerings and account them for the deposit in the Bank every day. Certificate of the Banker State Bank of India had been filed indicating that it is not in a position to arrange the same due to non-availability of infrastructural facility and staff for the aforesaid purpose. However, the fact remains that various suggestions have been made by the Committee with respect to accounting of offerings every day. Certificate of the Banker State Bank of India had been filed indicating that it is not in a position to arrange the same due to non-availability of infrastructural facility and staff for the aforesaid purpose. However, the fact remains that various suggestions have been made by the Committee with respect to accounting of offerings every day. It is also submitted that proper directions are required to be issued for accounting every day. Attention of this Court has been drawn to Clauses 48, 49, 50 and 51 of the approved Scheme. Clause 48 deals with reimbursement of the expenses incurred by Shebait Paladar. Clause 49 deals with all expenses other than costs of articles, preparation thereof for the Bhog Rag and Seva are to be met by the Kalighat Temple Committee. Clause 50 provides that until the Kalighat Temple Committee has to make rules for the collection of the offerings the Shebait/Paladar of the day shall render accounts of all the offerings to the Accountant of the Kalighat Temple Committee. Clause 51 deals with Donations made for the Kalighat Temples and moneys sent by money order shall be received by the Treasurer or any other person duly authorised by the Committee. The clauses 48, 49, 50 and 51 of the approved Scheme are quoted hereunder- “48. To reimburse the expenses incurred by the Shebait Paladar for the zBhog Rag and Sheba of Sree Sriee Kalimata and as remuneration the said Shebait Paladar will receive and be paid by the Kalighat Temple Committee. (A) Out of the daily offerings only within the main Temple of and to Sree Sree Kalimata. (a) One half of the offering imn the shape of cash money. (b) Such silver things as weigh upto 10 tolas each including silver plated with gold. (c) Offerings of cloth and textiles upto Rs.20/- in value. (d) Brass and bell metal utensils upto Rs.20/- in value. (e) Offerings of foodstuff and perishable articles for the day provided that none of the following items are to be receivable by or divisible for the above purpose. (i) Those offerings which are really considered to be parts of the body of the Deity viz. Munda, Khanra, the tongue, teeth, arms. Mundamala. (ii) All jewellaries and gold coins or gold ornaments. (i) Those offerings which are really considered to be parts of the body of the Deity viz. Munda, Khanra, the tongue, teeth, arms. Mundamala. (ii) All jewellaries and gold coins or gold ornaments. (B) Rupees Eighty or such other higher sum as the Kalighat Temple Committee think proper for the costs of the Bhog Rag and Sheba of Sree Sree Kalimata. Provided always that if the Committee decide to increase the daily payment of Rupees Eighty for the cost of articles used for Bhog Rag and Sheba the previous sanction by the District Judge will have to be obtained. Although lower case in the Scheme. 49. All expenses other than the cost of articles preparation thereof for the Bhog Rag and Sheba are to be met by the Kalighat Temple Committee including all establishment expenses of the Temple such as remuneration to the Priests, Chawkidars, Kamar, Cooks etc. 50. Until the Kalighat Temple Committee makes rules for the collection of the offerings the Shebait Paladar of the day shall render accounts of all the offerings to the Accountant of the Kalighat Temple Committee or any other person duly nominated and he shall distribute the remuneration as under clause 48 above to the Shebait Paladar of the day after taking accounts from him. The Kalighat Temple Committee shall arrange for the attendance of the representative or representatives in the temples to superintend the collections and offerings made. 51. Donations made for the Kalighat Temples and moneys sent by money order shall be received by the Treasurer or any other person duly authorised by the Committee aznd be credited to the Debattar Estate. Prosad shall be sent to the remitter according to usage and rules as may be framed by the Committee (C) Two of the Nominees as per clause 17 and clause 18 as amended by the Hon’ble Division Bench dated 19.2.1962 (page 64 of the Hon’ble Supreme Court approves Scheme)” There are eleven members of the Kalighat Temple Committee – five are Shebaits and six are non-Shebaits. Committee has made following suggestion for opening of donation boxes; i) Out of six non-Shebaits, two non-Shebait and one Shebait members shall be chosen by the President, Kalighat Temple Committee for unsealing the collection boxes and keep account of the same. ii) The collection boxes to be unsealed and accounted by them in the presence of the day’s Shebaits. Committee has made following suggestion for opening of donation boxes; i) Out of six non-Shebaits, two non-Shebait and one Shebait members shall be chosen by the President, Kalighat Temple Committee for unsealing the collection boxes and keep account of the same. ii) The collection boxes to be unsealed and accounted by them in the presence of the day’s Shebaits. iii) The computerise accounting of the daily offering as suggested in paragraph 13 of the Resolution of the Committee requires clarification. With respect to the accounting, the Acting Secretary of the Kalighat Temple Committee has given suggestions that – (a) Sealed pranami boxes to be fixed in all possible corners of the temple such as Garvagriha, Jor Bangalow Natmandin and other public viewpoint. (b) Sealed praname boxes to be kept in all the temples of associates Deities. The devotees to make donation freely in the sealed boxes only. Sri Ranjit Mukherjee, a Shebait, in his suggestion has pointed out – (i) Sealed collection boxes under lock and key should be placed not only in front of Deity but also four corners of the main temple. These collection boxes are opened at about 10-00 p.m. for counting the collection deposited therein in presence police, Shebaits or Paladars of the day or their representatives, accountant of the Temple Committee and other members of the Kalighat Temple Committee. (ii) For accepting donation from the public for improvement and maintenance of the said temple, the donation to be made to the Kalighat Temple Committee and receipt should be issued for the donations and there should be paginated receipt books. It is also suggested that even the donations for improvement and maintenance should be divided as per the Scheme. Smt. Nirmala Devi Singhania, the added respondent, has suggested that so as to prevent siphoning of funds and jewellery to the Deity, steps should be taken for proper accounting of the same and the offerings must be kept in the sealed boxes. Sealed pranami boxes are to be fixed in the Garbhagriha and other places. C.C.T.V. be placed where collection of money is counted and footage to be checked by the District Judge or designated officer appointed in this regard. There should be CCTV surveillance to keep watch on misappropriation of collection. This Court has constituted a Committee vide order dated 7th May, 2013. The said Committee was directed to submit report on various aspects. C.C.T.V. be placed where collection of money is counted and footage to be checked by the District Judge or designated officer appointed in this regard. There should be CCTV surveillance to keep watch on misappropriation of collection. This Court has constituted a Committee vide order dated 7th May, 2013. The said Committee was directed to submit report on various aspects. The Committee consisting of nine members, has submitted a report after inspection on 10th May, 2013 and has made various suggestions. However, suggestion with respect to accounting is that there should be proper computerised accounting with respect to daily offerings by the Temple Committee which should be sent for audit. Considering the aforesaid suggestions and report of the District Judge, we feel that it is necessary to issue following direction:- 1. Computerised daily accounting system is required to be introduced forthwith. Apart from that there is necessity for collection of the offerings into the sealed pranami boxes and also of the cash in the sealed boxes. They are required to be provided in the Garbha Griha, Jorbungalow, Nutmandir and other places where the offerings in kind or cash is made. 2. It is also considered necessary that CCTV footage of the opening of the sealed boxes including the accounting of the ornaments and other article is made and directly computerised entry is made along with weight of such articles for that let Committee provide proper weighing machine on which such ornaments can be weighed. The weight of ornaments and other articles which are offered should also be mentioned in the computerized account every day. 3. The money which is collected everyday shall also be entered in the computerised account. 4. Donations which are made directly to the Temple Committee and for the purpose of development and maintenance of the temple are to be entirely retained by the Temple Committee for maintenance and development of the temple and nobody will have any right to share the donations made and for issuance of the receipt of the donations there should be printed paginated receipt book to be duly sealed and sighed by the Secretary of the Committee and while accepting the donation proper receipt should be issued where proper signature of the person who is receiving the donation every day and shall also be entered daily in the computerised account under a separate heading. 5. 5. It is stated that the Committee has to deposite the remainder of the amount on the next day morning with the State Bank of India, Kalighat Branch. Ornaments which belong to the Deity and have been offered every day shall also be deposited in the vault of the Bank next day. There shall be account maintained of the articles which have been deposited in the vault and who is the person who has placed the ornaments in the vault of the Bank shall also be entered in the computerised account of the day on which such deposit of the ornaments and cash is made in the Bank. There shall be separate account for this purpose and the entry shall be made on the day on which deposit of cash is made in the Bank as well as ornaments and by whom. 6. It is also ordered that the person nominated by the Collector, District South 24-Parganas shall be present every day when the accounting is made and the sealed boxes are opened including police official of the rank of Officer-in-Charge, in case of non-availability of Officer-in-Charge for any reason, person of the Sub Inspector level shall be present every day when sealed boxes are opened. Besides, two non-shebaits and the shebaits/paladars who will be responsible for the day’s collection and directly entrees will be made into the computer of the offerings and one copy of the everyday’s statement shall be forwarded to the District Judge who is the President of the Committee and one copy shall also be retained by the Committee and also one copy shall be forwarded to the Collector. 7. It is also stated at the Bar that there is one vault in the Bank of which the keys are still missing as also mentioned by the District Judge in his report furnished in the year 2006. We direct that the said vault shall be opened by the Bank in presence of the persons nominated by the District Judge and the Collector and let District Judge nominate a person of the rank of Magistrate level as well as person of Deputy Collector level shall also be deputed by the Collector to be present at the time of opening of the vault in which key has been lost and an inventory shall be prepared and signed in the present of the aforesaid persons. The Secretary of the Committee and other responsible person authorised to open vault shall also be present at the time of opening of the said vault including the Branch Manager of the Bank. Let vault be opened within six weeks. 8. The boxes preferably Godrej or similar make for collection of the offerings as well as cash be provided and keys thereof are to be retained in the possession only of the responsible person authorised by the Committee and shall not be given to the Paladar/Shebaits at all. 9. Let it be ensured that the entire offerings as well as money offered to the Deity and placed in front of Deity in Sanctum Sanctorum be placed into the boxes out-rightly without any delay and no part thereof shall be retained by any Shebaits/Paladars. In reference of selling of palas by Paladars/Shebaits: 10. There is direction issued by this Court earlier in order dated 15 th September, 2006 that Palas shall not be sold to any outsider. In fact there shall not any selling of palas by Paladars or Shebaits to outsiders. In case it is found there is any selling of palas by Paladar/Shebait he shall not be given palas in future. In case it is found that any Paladar/Shebait has transferred his right to non-Paladar/non-shebait it would disentitle him to collect offerings having committed breach of the scheme and appropriate legal action in civil and criminal laws is ordered to be initiated against such paladar/shebait. The Temple Committee to ensure that no non-paladar or non-shebait is involved in puja or collection of offerings in any part of the day even for a moment and in case it is found that there is violation of the aforesaid part of the order, it will be treated seriously and would amount to violation of the order passed by this Court and punishable of Article 215 of Constitution of India relating with Contempt of Court Act. In Re: Development Project:- It is apparent from the Redevelopment Project of International Foundation for Sustainable Development with respect to Kalighat Temple which has been placed on record, Nodal Governmental Agency as of the Department of Tourism, Government of West Bengal, sponsoring Government agency Tourism Department, Government of India and implementing Government agency were KMC, KMDA, Irrigation Department, CPW D etc.. In our opinion, it would be appropriate to form a Development Committee so as to implement the aforesaid project viz., 1) District Judge, South, 24-Paraganas, 2) Principal Secretary, Tourism Department, Government of West Bengal; 3) Commissioner of Police, Kolkata; 4) Kolkata Municipal Corporation; 5) Chief Executive Officer, KMDA; 6) Secretary, Irrigation Department, Government of West Bengal; 7) Collector and District Magistrate, South 24-Paraganas; 8) Nominee of Department of Tourism, Government of India; 9) and two members of the Temple Committee to be nominated by the President of the Temple Committee let aforesaid committee consider and implement the project. We also direct the Committee to open separate account for collecting the donations for the aforesaid development project purpose and to maintain its accounts separately and to deposit proceed everyday in the bank on separate account and money to be donated/deposit for the aforesaid purpose to be utilised strictly for the purpose of implementation of the aforesaid project. No part of it will be given to any person, money to be utilised at the instruction of committee formed by us. Let KMC, KMDA, State Government also consider as well as the Tourism Department, Government of India also consider the amount to be contributed by each of them for carrying out the aforesaid project. Let appropriate decision be taken in this regard within a period of three months from the date. In Re: Proper system of puja:- With respect to throwing of offerings of flower petal, garlands, coconut shells, sindur, kumkum, incense sticks etc. towards the Goddess is not at all appropriate. Such articles are thrown from Jorbunglow. We direct that flowers petal, garlands, coconut shells, sindur, kumkum, incense sticks not to be thrown in the Jorbunglow area and it should be collected in for bunglow in a containers or Baskets placed for the purpose by the Temple Committee and the Committee to make arrangement for actual offering to the Deity and thereafter to be given back to the devotees. In no case of throwing flowers towards the Goddess shall be permitted. In case, there is failure of proper arrangement in this regard, the same shall be treated seriously by this Court. We direct Temple Committee to ensure compliance of the direction. In no case of throwing flowers towards the Goddess shall be permitted. In case, there is failure of proper arrangement in this regard, the same shall be treated seriously by this Court. We direct Temple Committee to ensure compliance of the direction. In Re: allied matter:- There are other suggestions made by the Committee appointed by this Court with respect to washing of the feet by the pilgrims a suitable system for foot washing should be introduced in the temple consisting of a small trove with flowing water with pebbles underneath. Accordingly, it is ordered that the aforesaid suggestion shall be carried out by the Committee within 15 days from today. The Temple Management Committee shall provide aforesaid facility. With respect to beautification project also suggestions have been made. The approach road from Kalighat Police Station to the Temple Complex with provisions for public toilets and or drinking water should also be made. Suggestion has also been made about the modernization of the kitchen and with respect to close circuit television cameras etc. Following suggestions have been made in its report by the Committee constituted by this Court; 3) There should be a beautification project to be undertaken by the Kolkata Municipal Corporation (KMC) on the approach road from the Kalighat Police Station to Temple Complex with provisions for public toilets and drinking water. The recurrent digging of the road for various purposes should also be kept to the minimum and restoration should be done immediately after. 4) The kitchen within the temple precinct should be modernized and cooking should be restricted to this kitchen. The kitchen should be fitted with modern amenities with adequate fire fighting equipments with care to avoid smoke pollution by scientific means; 5) During the inspection it was observed that there are 22 close circuit television cameras out of which one camera has not working from inception and another camera has very recently become non-functional. The concerned vendor/agency supplying the cameras should be instructed by the KMC to repair/replace the cameras by next three days. The concerned vendor/agency supplying the cameras should be instructed by the KMC to repair/replace the cameras by next three days. Some additional cameras should also be installed as required; 6) The controlled room for the C.C. T.V’s operation is required to be modernized so that the C.C. T.V. camera room can be used to monitor and control entry and exit in the temple complex with a feed to the Kalighat Police Station so that the Officers of the Police Station can also monitor the day to day proceedings in and around the temple; 7) The Temple Committee should immediately undertake a survey of the floor space given on higher to the tenants within the Temple Complex and should work out a plan for reallocation in consultation with KMC. As a temporary measure cooking in these stalls should be stopped and should be done outside the Temple Complex; . 8) There should be improvement made to the pathway towards tolly’s nullah; 9) Restoration and development of the ghats (2 in number) at tolly’s nullah adjoining the minority complex; 10) There is already split air conditioning machines installed within the garba griha (Sanctum Sanctorum) of the Kalighat Temple, but it could not be made operational due to an administrative order issued by the erstwhile learned District Judge, South 24-Paraganas being Order No.53/G dated 23rd August, 2011 preventing any further work for installation of air conditioning machines at the Sanctum Sanctorum of the Temple or to make the machines functional. The Committee feels that the spilt air conditioning machine should be made functional if the Hon’ble High Court deems it fit to modify the said order of the learned District Judge accordingly. 11) Arrangements should be made for safe keeping of shoes, trousers, belts, cell phones and other belonging of the pilgrims at stalls constructed outside the Temple gate by selected vendors on contractual basis. The KMC should select suitable parties for running the facility through a process of tender. The rates of itemwise fees are to be decided by KMC and should be kept to the minimum and properly displayed. 13) The Vice President of the Temple Committee Shri Bidyut Halder has personally offered to replace the flooring of the Garba Griha with marble flooring through his own funds. The rates of itemwise fees are to be decided by KMC and should be kept to the minimum and properly displayed. 13) The Vice President of the Temple Committee Shri Bidyut Halder has personally offered to replace the flooring of the Garba Griha with marble flooring through his own funds. If however additional funds are required, the KMC will disburse the required fund after physical verification and necessary measurement of works from the balance funds for temple development including the other points of action mentioned hereinabove; 14) The Principal Secretary, Tourism Deptt. mentioned that as a long term solution for benefit of pilgrims visiting the temple the Chief Engineering Adviser, Tourism Department has suggested construction of an elevated pathway from the Kalighat Police Station to the approach to the Temple and the technical feasibilities are being worked out. This may be expedited. In the circumstances above, we issue directions that the aforesaid suggestions nos. 3, 4, 6, 7, 8, 9, 13, 14 be carried out within a period of three months from today. Let Development Committee and Temple Management Committee comply with aforesaid directions. With respect to AC in Garbhgriha we find it be carried out in such a way that no part of Sanctum Sanctorium is visible from outside. Let it be carried out within a month. Suggestion no.5 with respect to shoes be carried out within 15 days and CCTV suggestion no.5 be carried out in time specified by Committee. In the report submitted by Shri Shyamal Sanyal, it is also pointed out that pilgrims are purchasing dalas at Rs.11/-, Rs.21, Rs.51/-, Rs.101/-. The same are sold at higher rates. Let Temple Committee supervises the aforesaid aspect and ensure that dalas are sold at proper rates with proper offerings and the articles placed in it in commensurate to the price which is being paid. It is also found from the report that in the Temple Complex, there are stalls of flowers etc. The Committee has come up with the suggestion that there shall not be any cooking within the passage of the Temple. We direct let cooking be stopped forthwith. However, it is apparent that inside the Temple, there should not be any stalls or sweets or flowers etc. The Committee has come up with the suggestion that there shall not be any cooking within the passage of the Temple. We direct let cooking be stopped forthwith. However, it is apparent that inside the Temple, there should not be any stalls or sweets or flowers etc. Let all the selling of sweets and flowers within the passage of the temple be stopped forthwith and these persons be taken in to confidence and relocated outside the Temple at a proper place, the Municipal Corporation as well as the Committee to ensure the compliance of the aforesaid direction. Let scheme be prepared for relocating the persons and they be located at the appropriate place outside the Temple. Let plan be prepared within a period of two months for redevelopment and/or restructuring of the office of the Kalighat Temple, reflooring of Jorbunglow and other place be done within a period of one month as in well as Garba Griha be done within a period of one month. However, it is to be ensured that it is not slippery and the materials used are of best available quality. Plan be prepared within a period of three months for construction of the two storeyed building as proposed by the Temple Committee on the way to Adi Ganga. Let it be formed by this Court and regarding its implementation, steps be taken within one month thereafter. The money of Rs.76 lacs is lying with the Kolkata Municipal Corporation- Let the same be utilised for completion of aforesaid directions of major works, other works to be done by Temple Committee at its own cost. With respect to the question whether there should be entry in the sanctum sanctorum, opinions are divided and majority opinion is that entry of devotees in sanctum sanctorum should not be stopped and that also is the interim order passed by the Hon’ble Supreme Court considering the various questions, customs etc. It is such a matter which should be appropriately decided by the Temple Management Committee itself. However, at the same time entry into the Garbha Griha should be so regulated in systematic manner for that appropriate scheme be framed by Management Committee within a month. Clause 41(4) of the Scheme provides Kalighat Temple Committee has to make rules for the admission of pilgrims and visitors into the Nijamandir (Jor Bungalow) and to the inner temple. However, at the same time entry into the Garbha Griha should be so regulated in systematic manner for that appropriate scheme be framed by Management Committee within a month. Clause 41(4) of the Scheme provides Kalighat Temple Committee has to make rules for the admission of pilgrims and visitors into the Nijamandir (Jor Bungalow) and to the inner temple. The entry to inner temple is not prohibited according to the scheme but rather is allowed. At the same time power is given to the same Committee to make the rule for admission of pilgrims and visitors. Let the Committee make the rules for admission into the Nijamandir (Jor Bungalow) and Sanctum Sanctorium. With respect to sharing to the offerings, scheme provides 50% amount of cash should be given to shebaits/paladars and it does not appear to be appropriate that so much money should be given to paladars/shebaits who are doing seva puja and collecting the offerings. However, we refrain from deciding the aforesaid issue as it is provided in the scheme as per provisions contained in Clause 56A that the provisions of the scheme may be altered, modified or added to by application to the District Judge, 24-Parganas In the circumstances, it is also apparent that there are various other aspects with respect to how much amount should be paid for Bhog etc. The amount fixed into the scheme is not commensurate with the expenditure incurred as on today. We direct the Collector to apply to the District Judge comprehensively as to various aspects of scheme including with respect to sharing of the offerings and expenditure etc., to be given to the shebaits/paladars and other allied matter under Clause 56A of the scheme within a period of two months from today and District Judge shall consider the same and pass appropriate order in accordance with law within three months from the date of filing of the application. It was also pointed out before us that modern apparatus should be installed and/or used for keeping the floor of Temple clean and also the temple compound. It was also pointed out that certain area has been made slippery. Let modern apparatus/machine be provided in the Temple for its proper cleaning within one months. It was submitted that beggars are loitering in the precinct and adequate security arrangement should be made by deploying sufficient number of guards from the appropriate organizations. It was also pointed out that certain area has been made slippery. Let modern apparatus/machine be provided in the Temple for its proper cleaning within one months. It was submitted that beggars are loitering in the precinct and adequate security arrangement should be made by deploying sufficient number of guards from the appropriate organizations. Fire protection system should also be provided. Adi Ganga should be kept clean and regular flow of water be ensured. It was also submitted that there is further need of deployment of man power for keeping the temple and garbha griha clean. Reallocation of the shops outside the temple is also necessary in a systematic manner. The entry door should be modernised and made effective befitting to the temple. In the circumstances, we direct that main entry gate having stone carrying of architectural importance be erected suitable to the ancient temple. Plan in this regard be prepared and money lying with the KMC be utilised inter alia, for aforesaid purpose. Entry of beggar in Temple is restrained forthwith. The direction issued in order on 15th September, 2006 be completed with Fire protection system be provided as early as possible. Let steps be taken for cleaning Adi Ganga adjoining area by KMC, KMDA, State Government within period of two months. Let regular flow of water be ensured in Adi Ganga. For relocation of shops outside temple Scheme be prepared and implemented within three months. Let Temple Committee reviewing the manpower/security arrangement within six weeks. The petitions are disposed of with the aforesaid directions. In case any difficulty is found in implementation or any obstruction is caused, the parties are given liberty to file appropriate application. In view of disposal of all the three writ petitions, the connected applications being C.A.N 4501 of 2012 and C.A.N 4491 of 2012 are also disposed of. No costs. Let these matters be listed for the purpose of monitoring compliance of direction after three months.