The Delhi High Court has dismissed a plea seeking regularisation of a temple constructed on land earmarked for a nursery school, observing that the temple was constructed without sanction and contrary to the applicable rules governing disposal of government land.

Justice Jasmeet Singh held that the temple was a “clearly an illegal structure” and could not be permitted to continue on the land.

Petitioner, a registered society, had approached the Court seeking to cancel the DDA's 2021 decision on the site, and regularisation of the temple built there.

The Court noted that the land had originally been earmarked for a nursery school. The American Embassy Employees Co-operative Housing Society, which was developing the area, had subsequently sought allotment of the land for construction of a temple. The DDA had, in 1987, asked the society to constitute a separate religious society and apply for allotment.

Petitioner-society was constituted thereafter. However, according to the judgment, it illegally constructed the temple in 1991-92 without any change of land use or sanction from the DDA.

Petitioner relied upon a 2016 DDA decision approving allotment of the plot for construction of a temple. However, the Court noted that a Division Bench, in December 2017, had directed the DDA to reconsider the allotment afresh.

DDA subsequently considered the matter and concluded that disposal of government land for socio-cultural and religious categories was to be undertaken through auction and that the request for regularisation of the unauthorised occupation could not be considered.

Before the High Court, Petitioner argued that the applicable Nazul (govt) Land Rules permitted allotment of land for religious purposes and contended that the temple ought to be regularised.

DDA however submitted that following the 2021 notification, it had adopted a policy of auctioning land for health, education, socio-cultural and sports facilities to optimise revenue. It also submitted that Petitioner could participate in such an auction and bid for land even for running a temple.

In this light, the Court held that the temple could not be permitted to continue on the site and directed Petitioner to remove the idols with all respect and ceremonies.

Appearance: Mr. Amit Pushya, Adv. for Petitioner; Mr. Vaibhav Agnihotri, ASC , Ms. Vagmi Singh Adv., Mr. Vidit Pratap Singh Adv. Mr. Pawan Dubey, Adv for Respondents

Case title: Sanmati Sabha (Regd.) v. Delhi Development Authority & Ors.

Case no.: W.P.(C) 6231/2025

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