A temple cannot be imposed within a housing society without the consent of all residents.

The petitioner, a senior-citizen resident of Satisar Co-operative Group Housing Society, challenged the Society’s placement of a Shivling, Trishul and related makeshift temple structure in the Society’s premises, including near her flat and on an area alleged to be green space.

She sought inspection and removal of the unauthorised construction.

The DDA reported that a temporary structure had been created and issued directions and a sealing-cum-demolition order for its removal.

After the Society shifted the religious objects, the Court issued a contempt notice, observing that they appeared to have been moved to another green patch.

The Society later stated that the relocation was made in the presence of DDA and police officials and was intended to comply with the DDA’s directions.

1. Whether the Society’s relocation of the Shivling and Trishul amounted to circumvention of the DDA’s directions or the Court’s orders warranting contempt action.

2. Whether the religious structure could remain within the Society’s premises, near the petitioner’s residence, without the agreement of all residents.

The Court referred to the Delhi Development Act, 1957, the Unified Building Bye-Laws, 2016, and the Master Plan of Delhi, 2021, in connection with the DDA’s action against the unauthorised structure.

The Court applied the principle that a place of worship cannot be imposed within a residential society without the agreement of all residents; residents’ privacy and personal space must also be considered.

The Court accepted the Society’s explanation that the Shivling and Trishul had been shifted in the presence of DDA and police officials to comply with the DDA’s order, rather than to circumvent the Court’s directions, and accordingly discharged the contempt notice.

On the merits, it noted that the temple was not part of the Society when residents took possession, was close to the petitioner’s flat, and could affect residents seeking privacy or who did not agree to a place of worship on the premises.

It therefore held that the structure could remain only if all residents agreed.

It directed that, unless all residents agreed otherwise, the Society must shift the Shivling, Trishul and other religious idols to a local temple on 6 October 2026 at 11:30 a.m., under the supervision of the local SDM, with assistance from the DDA and the local SHO.

The petition and pending applications were disposed of.