Unsanctioned Temple On Nazul Land Earmarked For Nursery School Is Illegal: Delhi High Court Dismisses Plea Seeking Regularisation
|Dismissing a writ petition filed by Sanmati Sabha (Regd.), the Court directed the petitioner to respectfully remove idols from the site within four weeks and upheld DDA’s decision to dispose of institutional Nazul land exclusively through open public auctions.
The Delhi High Court has refused to direct the Delhi Development Authority (DDA) to regularize an unauthorized temple and Satsang Bhawan constructed on a plot earmarked for a nursery school in Priyadarshini Vihar, Laxmi Nagar. The Bench held that a religious structure constructed without any layout sanction or change of land use is illegal and cannot be permitted to continue.
Upholding DDA's decision to sell institutional Nazul land through public auctions, the Court directed the petitioner society to respectfully remove all idols from the temple within four weeks. The Court clarified that the policy decision to auction lands for health, education, socio-cultural, and religious facilities serves to optimize state revenue and facilitate structured development in the National Capital Territory of Delhi, and nothing prevents the society from bidding for plots in upcoming open auctions.
A Single-Judge bench comprising Justice Jasmeet Singh observed, “The temple which has been constructed, admittedly, is without sanction and contrary to the disposal of the Nazul lands and hence is clearly an illegal structure. The same cannot be permitted to continue. The land, anyway, has been allotted for the nursery school and that purpose remains. There is no change of this use”.
Advocate Amit Pushya appeared for the petitioner and Vaibhav Agnihotri, Additional Standing Counsel appeared for the respondent.
For the facts, in the late 1980s, DDA executed a perpetual lease deed in favor of the American Embassy Employees Co-operative Housing Society for developing Priyadarshini Vihar, where two plots were specifically earmarked for nursery schools. The housing society requested DDA to change the land use of Block A's nursery plot for constructing a temple. In 1987, DDA asked the society to form a separate religious entity, leading to the creation of the petitioner society, Sanmati Sabha (Regd.).
However, during 1991–1992, the petitioner society constructed the Laxmi Narayan Temple and Satsang Bhawan on the plot measuring approximately 926 square meters without obtaining sanction plans or an official land-use modification. Following subsequent litigation and a Letters Patent Appeal , a Division Bench directed DDA to re-examine the allotment afresh on merits without being bound by previous resolution approvals.
On December 27, 2021, DDA’s Institutional Land Branch held a high-level meeting chaired by the Vice-Chairman. Applying updated Nazul Rules and a Gazette Notification dated March 11, 2021, DDA resolved that Nazul lands for socio-cultural and religious categories must be disposed of solely through open auctions, making the regularization of unauthorized occupation legally unsustainable. Aggrieved, Sanmati Sabha filed a writ petition under Article 226 of the Constitution of India seeking to quash the DDA's meeting minutes and compel regularization of the structure.
As per the minutes of the meeting, “…it was decided that as the disposal of the Nazul land for Socio-Cultural-Religious categories is to be done through auction, therefore the request of the society for Regularization of the Unauthorized occupation can not be considered and Authority is not competent to take decision on Regularization of land”.
The petitioner argued that Rule 5 of the Disposal of Nazul Land Rules permits allotment to social or charitable institutions at determined rates, and expressed readiness to pay all requisite premium costs. Conversely, standing counsel for DDA submitted that the authority took a conscious policy decision via Gazette Notification to auction all institutional lands to optimize revenue and ensure planned urban growth.
Dismissing the writ petition, the High Court held that DDA’s policy decision to dispose of Nazul lands via auction for health, education, and religious purposes was lawful. While dismissing the plea, the Court said, "It is hereby directed that the idols will be removed from the temple by the petitioner in accordance with all respect and ceremonies, as required and needed, within 4 weeks from today".
Cause Title: Sanmati Sabha (Regd.) v. Delhi Development Authority & Ors. (Neutral Citation: 2026:DHC:7548)
Appearances:
Petitioner: Amit Pushya, Advocate.
Respondent: Vaibhav Agnihotri, Additional Standing Counsel Advocates Vagmi Singh, Vidit Pratap Singh, and Pawan Dubey.