Sanmati Sabha (Regd.) vs Delhi Development Authority & Ors.

Court
Delhi High Court

$~9
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Decision: 24.08.2026
# CNR No. DLHC010287352025
+ W.P.(C) 6231/2025
SANMATI SABHA (REGD.) ....Petitioner
Through: Mr. Amit Pushya, Adv.
versus
DELHI DEVELOPMENT AUTHORITY & ORS. .....Respondents
Through: Mr. Vaibhav Agnihotri, ASC , Ms.
Vagmi Singh Adv., Mr. Vidit Pratap Singh Adv.
Mr. Pawan Dubey, Adv
CORAM:
HON'BLE MR. JUSTICE JASMEET SINGH

: JASMEET SINGH, J ( ORAL )

W.P.(C) 6231/2025
1. This is a writ petition filed under Article 226 of the Constitution of
India seeking the following prayers:-
“A. Issue an appropriate writ, order, or direction quashing the
Minutes of Meeting dated 31.12.2021 held on 27.12.2021
passed by Respondent No. 1.
B. Issue an appropriate writ, order, or direction directing
Respondent No. 1 to allot the Plot measuring approximately
926 sq. meters, situated in A-Block, Priyadarshini Vihar,
Laxmi Nagar, Delhi- 110092, in favour of the Petitioner.
C. Issue an appropriate writ, order, or direction directing
Respondent No. 1 to regularise the structure of the Laxmi
Narayan Temple and Satsang Bhawan built on the said Plot.
Signed By:SAHAJ PREET
KAUR
Signing Date:05.09.2026
15:22
W.P.(C) 6231/2025 Page 1 of 11


...”
2. The facts are that the respondent No. 1 executed a perpetual lease
deed in favour of the respondent No. 3, i.e. , the American Embassy
Employees Co-Operative Housing Society, for developing Priyadarshini
Vihar. Two blocks in Block A and Block B, were earmarked for nursery
schools.
3. Subsequently, the respondent No. 3 sought allotment of land in Block
A, earmarked for a nursery school, for construction of a temple.
4. On 09.06.1987, the respondent No. 1 asked the respondent No. 3 to
constitute a separate religious society and apply for allotment, which the
petitioner society so did on 21.01.1988.

5. Subsequently, on 17.06.1992, the respondent No. 3 again requested
the respondent No. 1 to change the land use from nursery school to temple/
play ground.
6. The petitioner society, in 1991-92, illegally constructed a temple
without any change of land use or sanction by the respondent No.1.
Meanwhile, the respondent No. 2 also filed a writ petition seeking removal
of encroachments in Priyadarshini Vihar.
7. Mr. Pushya, learned counsel for the petitioner, states that the
respondent No. 1, in compliance of the Order dated 16.02.2016, issued an
order dated 15.03.2016, duly approving the allotment of the entire plot in
question for construction of a temple and Satsang Bhavan.
8. However, on 18.12.2017, the Division Bench of this Hon’ble Court in
LPA 518/2016 directed respondent No. 1 to reconsider the matter of
allotment afresh. In essence, the Order dated 16.02.2016 was impliedly set
Signed By:SAHAJ PREET
KAUR
Signing Date:05.09.2026
15:22
W.P.(C) 6231/2025 Page 2 of 11


aside.
9. The petitioner challenges the Minutes of the Meeting which read as
under:-


“

DELHI DEVELOPMENT AUTHORITY
INSTITUTIONAL LAND BRANCH
A-216, 2nd Floor, Vikas Sadan, INA, New Delhi-110023


F. 8(10)87/IL/Pt./DDA/2552 Dated: 31/12/2021
Minutes of Meeting
A meeting regarding unauthorized occupation of the
Nursery site by American Embassy Indian Employees Co-op
Housing Society Ltd. Priyadarshini Vihar, Delhi-92 was held
on 27.12.2021 (Tuesday) at 12:30 PM in the chairmanship of
Worthy Vice-Chairman, DDA.

Following officers/officials were present in the meeting :-

1. Ld. CLA, DDA;
2. Commissioner (LD)-II, DDA;
3. Director (IL), DDA;
4. Addl. Commissioner (Plg.), DDA;
5. Dy. Dir. (IL), DDA

Signed By:SAHAJ PREET
KAUR
Signing Date:05.09.2026
15:22
W.P.(C) 6231/2025 Page 3 of 11


Issues related to unauthorized occupation of the Nursery site
by American Embassy Indian Employees Co-op Housing
Society Ltd. Priyadarshini Vihar, Delhi-92, in the light of the
order of Hon'ble High court dated 18.12.2017 in LPA No.
518/2016 titled Sanmati Sabha V/s J.K. Mittal & Ors.

After detailed deliberation, following decisions were taken:-

It was concluded that the previous approval of the Authority
in the meeting held on 11.03.2016 shall be null and void as the
Hon'ble High court in order dated 18.12.2017 had directed
that "In these circumstances we feel that the matter of
allotment must be re-examined and considered afresh by the
'Authority' under the Delhi Development Act. The said
consideration would be without being influenced by the earlier
th
resolution dated 11 March 2016. Fresh consideration would
th
be without taking into consideration the orders dated 12 &
th
16 Feb, 2016 which stand recalled. The decision would by on
merit and as per law."
The matter was examined under the light of the directions of
the Hon'ble court and the current applicable policies and
Nazul Rules, 1981 and the recent Gazette Notification dated
11.03.2021, 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
Signed By:SAHAJ PREET
KAUR
Signing Date:05.09.2026
15:22
W.P.(C) 6231/2025 Page 4 of 11


Regularization of the Unauthorized occupation can not be
considered and Authority is not competent to take decision on
Regularization of land.

The above mentioned decision may be apprised to the
Hon'ble Court through Panel Lawyer engage in the aforesaid
case.
The Meeting ended with vote of thanks to the Chair.

The above issued with the approval of Competent Authority.

(Harish Chand Sharma)
Dy. Director (IL)

Copy to:-

All concerned

Copy for information to: -
1. OSD to VC, DDA
2. PS to Ld. CLA, DDA
3. PS to Commr. (LD)-II, DDA
4. PS to Director (IL), DDA
5. PS to Addl. Commissioner (Plg.), DDA

Dy. Director (IL)”
Signed By:SAHAJ PREET
KAUR
Signing Date:05.09.2026
15:22
W.P.(C) 6231/2025 Page 5 of 11


10. The gazette notification relied upon in the Minutes of the Meeting
read as under:-
Signed By:SAHAJ PREET
KAUR
Signing Date:05.09.2026
15:22
W.P.(C) 6231/2025 Page 6 of 11


Signed By:SAHAJ PREET
KAUR
Signing Date:05.09.2026
15:22
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Signed By:SAHAJ PREET
KAUR
Signing Date:05.09.2026
15:22
W.P.(C) 6231/2025 Page 8 of 11


Signed By:SAHAJ PREET
KAUR
Signing Date:05.09.2026
15:22

W.P.(C) 6231/2025 Page 9 of 11


11. It is the case of the petitioner that they are covered under Rule 5 of the
Disposal of the Nazul Land Rules which permits allotment of land for religious
purposes:-

“5. Rules of premium for allotment of Nazul land to certain
institutions. -Subject to the provision of sub-rule (2) of rule 4, the
Authority may allot Nazul land to–
(a) Central Government or State Government or Union
territory Administration;
(b) autonomous body constituted by Central Government or
State Government or Union territory Administration or
partly by the Central Government and partly by one or
more State Governments or Union territory
Administration;
(c) social or charitable institutions, eligible under rule 20;
(d) political organisations recognised by the Election
Commission of India, or
(e) local bodies, for remunerative, semi-remunerative or un-
remunerative purposes,
at the premia and ground rent at such rates as the Central
Government may determine from time to time:
Provided that use of land allotted under this rule shall be
governed by the Master Plan norms, and the condition subject to
which such allotment is made.”

12. Hence, the temple constructed by the petitioner needs to be regularised,
and they are ready and willing to pay the costs.
13. Ms. Takiar, learned standing counsel for the respondent No.1, states that
in terms of the gazette notification, the land is no longer being allotted for any
purposes. In order to optimize the revenue, the respondent No. 1 has taken a
policy decision to auction all the lands for health, education, socio-cultural and
sports facilities.
Signed By:SAHAJ PREET
KAUR
Signing Date:05.09.2026
15:22
W.P.(C) 6231/2025 Page 10 of 11


14. She further states that the petitioner can also participate in the auction
and bid for the allotment of land, even for religious purposes.
15. I find no infirmity in the stand of the respondent No.1. They have taken
a policy decision to dispose of all the Nazul lands by auction. The purpose
behind the same is to optimise revenue and to plan the development of NCT of
Delhi.
16. 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.
17. Nothing prevents the petitioner from participating in a fresh auction for
any other plot for running the temple, which will be decided by respondent No.
1 in terms of their auction rules.
18. Hence the petition needs to be dismissed and is dismissed.
19. 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.






JASMEET SINGH, J
AUGUST 24, 2026/AS
(corrected and released on 03.09.2026)

Signed By:SAHAJ PREET
KAUR
Signing Date:05.09.2026
15:22
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