Court directs Sanmati Sabha to vacate temple structure built without sanction on land meant for nursery school; DDA's auction-based disposal policy for Nazul lands affirmed
In a significant verdict delivered on August 24, 2026, the Delhi High Court dismissed the writ petition filed by Sanmati Sabha (Regd.), which sought allotment and regularization of a temple constructed on Nazul land located in Priyadarshini Vihar, Laxmi Nagar, Delhi. The bench, presided over by Mr. Jasmeet Singh, J., upheld the Delhi Development Authority's (DDA) policy decision to auction all Nazul lands earmarked for socio-cultural, health, education, and sports facilities, thereby negating the possibility of regularization of unauthorized constructions.
Background:
The dispute arose after the American Embassy Employees Co-Operative Housing Society (respondent No. 3) was granted a perpetual lease for developing the Priyadarshini Vihar area, with two blocks (Block A and Block B) designated for nursery schools. Subsequently, the society constructed a temple in Block A without obtaining any change of land use or sanction from the DDA. Though the petitioner society was constituted and applied for allotment for religious purposes in the late 1980s, the temple was illegally built in 1991-92, contrary to the stipulated land use.
Legal Proceedings and Policy Shift:
The petitioner relied on Rule 5 of the Disposal of Nazul Land Rules, 1981, which permits allotment of Nazul land to religious and charitable institutions subject to master plan norms and conditions. They contended that their structure should be regularized and that they were willing to pay requisite costs.
However, the DDA, through a Gazette Notification dated March 11, 2021, adopted a policy to discontinue direct allotments of Nazul land for such purposes, instead opting to auction these lands to optimize revenue and ensure better planning of Delhi's development. The DDA's Institutional Land Branch, in its meeting on December 27, 2021, reiterated that the unauthorized occupation could not be regularized and that the previous approval (dated March 15, 2016) was null and void following the High Court's earlier order in 2017 directing reconsideration on merits and law.
Judgment Highlights:
The Court analyzed the facts and policy framework and held that:
- - The unauthorized temple structure was constructed without sanction and in violation of the Nazul land disposal rules.
- - The land in question was originally allotted for a nursery school and there was no change in land use sanctioned for religious purposes.
- - The DDA's policy of auctioning Nazul land for socio-cultural and related purposes is valid and aimed at optimizing revenue and urban planning.
- - The petitioner is free to participate in future auctions for acquiring land for the temple but cannot claim allotment or regularization of the existing unauthorized structure.
- - The idols in the temple must be removed with due respect and ceremonies within four weeks.
Consequently, the petition was dismissed, affirming the principle that unauthorized construction on public land cannot be condoned, and government policies on land disposal must be followed strictly.
Significance:
This judgment reinforces the sanctity of land use norms and government policies in urban land management. It clarifies that religious or socio-cultural institutions must comply with statutory procedures and cannot rely on unauthorized constructions to claim rights over public land. The decision also highlights the shift in DDA's approach towards transparency and revenue optimization by auctioning Nazul lands rather than allotting them directly.
Bottom Line:
Allotment of Nazul land for religious purposes - Policy decision by Delhi Development Authority (DDA) to auction all Nazul lands for socio-cultural, health, education, and sports facilities - Existing unauthorized structures like temples constructed on Nazul land without proper sanction cannot be regularized.
Statutory provision(s):
Disposal of Nazul Land Rules, 1981; Delhi Development Act, 1957 (implied); Gazette Notification dated 11.03.2021 regarding auction policy for Nazul lands.
Sanmati Sabha (Regd.) v. Delhi Development Authority, (Delhi) : Law Finder Doc Id # 2973773
