Unauthorized temple on Delhi nursery-school plot cannot continue; idols must be removed within four weeks, rules Delhi HC

The Delhi Development Authority (“DDA”) had executed a perpetual lease deed in favour of the American Embassy Employees Co-operative Housing Society for development of Priyadarshini Vihar. Two plots in Blocks A and B were earmarked for nursery schools.

The petitioner thereafter constructed the Laxmi Narayan Temple and Satsang Bhawan on the plot in 1991–92 without sanctioned change of land use or approval from the DDA.

On 31 December 2021, recording a meeting held on 27 December 2021, the DDA concluded that disposal of Nazul land for socio-cultural and religious purposes was required to be undertaken through auction under the applicable policy and the 11 March 2021 Gazette notification.

The petitioner challenged the Minutes of Meeting and sought allotment and regularisation of the temple and Satsang Bhawan under Article 226 of the Constitution.

Whether the DDA’s Minutes of Meeting dated 31 December 2021, rejecting regularisation of the petitioner’s occupation on the ground that Nazul land for religious purposes must be disposed of through auction, were legally sustainable?

Whether the petitioner was entitled to allotment of the approximately 926-square-metre plot and regularisation of the temple and Satsang Bhawan constructed thereon?

Whether the unauthorised temple structure could be permitted to continue on land earmarked for a nursery school?

The Court exercised jurisdiction under Article 226 of the Constitution.

It considered Rule 5 of the Delhi Development Authority (Disposal of Developed Nazul Land) Rules, 1981, under which Nazul land may be allotted to specified institutions, including eligible social or charitable institutions, subject to the applicable conditions and Master Plan norms.

The Court also applied the DDA’s subsequent policy, reflected in the Gazette notification dated 11 March 2021, under which land for health, education, socio-cultural and sports facilities was to be disposed of through auction to optimise revenue and plan development in the National Capital Territory of Delhi.

Allotment or use of Nazul land must conform to the applicable land-use classification, Master Plan norms, disposal rules and sanctioned permissions.

An unauthorised structure raised without approval or lawful change of land use cannot be regularised merely because it serves a religious purpose.

The Court held that the petitioner’s construction was admittedly unauthorised: it had been raised without sanctioned change of land use or DDA approval, and the plot continued to be earmarked for a nursery school.

The earlier approval could not assist the petitioner because the Division Bench had directed fresh consideration, uninfluenced by the earlier resolution and the recalled orders.

The DDA’s decision to apply the prevailing auction policy to the disposal of Nazul land was a policy decision aimed at revenue optimisation and planned development, and the Court found no legal infirmity in that approach.

Although Rule 5 permitted allotment to certain institutions in appropriate cases, it did not confer an enforceable right upon the petitioner to obtain this particular plot or to secure regularisation of an unauthorised structure contrary to the existing land-use designation.

The petitioner remained free to participate in a fresh auction in accordance with the applicable rules.

It held that the petitioner had no right to allotment or regularisation of the plot or the temple structure, which had been constructed without sanction and contrary to the designated nursery-school use.

The petitioner was permitted to participate in any fresh auction conducted by the DDA for a suitable plot, subject to the auction rules.

The Court further directed the petitioner to remove the idols from the temple with due respect and ceremonies within four weeks from the date of judgment.