The Delhi High Court has dismissed a plea seeking allotment and regularisation of a temple and Satsang Bhawan constructed on land earmarked for a nursery school in Priyadarshini Vihar, holding that an unauthorised religious structure built without statutory approvals cannot be permitted to continue.
The Single-Bench of Justice Jasmeet Singh upheld the Delhi Development Authority’s (DDA) decision to dispose of the Nazul land through public auction, observing that the temple had been constructed in 1991-92 without any sanctioned change in land use or approval from the DDA.
The petitioner had sought regularisation of the temple and Satsang Bhawan. However, the DDA had rejected the request in view of a 2021 Gazette notification and the applicable Nazul land rules. Under the policy adopted by the authority, land meant for socio-cultural and religious purposes was to be disposed of through auction.
The High Court held that the DDA’s policy of auctioning Nazul land was aimed at optimising revenue while ensuring planned development of the national capital. It found no legal basis to direct the authority to allot the disputed land to the petitioner merely because the temple had existed there for several decades.
The Court also clarified that the dismissal of the plea did not prevent the petitioner from participating in a fresh auction conducted by the DDA for another plot suitable for running the temple.
While dealing with the existing structure, the Court directed the petitioner to remove the idols installed in the temple within four weeks. The idols were to be removed with due respect and in accordance with appropriate religious ceremonies.
The ruling reinforces the principle that long-standing occupation or construction of a religious structure does not, by itself, create a right to regularisation when the construction was undertaken without the requisite permissions and contrary to the designated land use.
The Court accordingly declined to interfere with the DDA’s decision and dismissed the petition.
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