The Delhi High Court has ruled against a plea to prevent the demolition of a religious structure built without authorization on DDA-owned land, marking a significant decision regarding illegal constructions on public property. The structure, a temple, has been standing in Shiv Park, Kondli Sabji Mandi, allegedly since 1969.
Justice Tara V Ganju dismissed the appeal by Avinesh Kumar, who challenged a lower court’s decision allowing the Delhi Development Authority (DDA) to proceed with the demolition. The appellant, who claimed to be a devotee and regular worshipper at the temple, argued that the demolition would violate his right to worship. However, the court found no legal basis for his claims, noting that Kumar neither held any title to the land nor any official capacity at the temple.
The court’s judgment clarified that while the right to worship is protected, it does not extend to illegal structures that encroach upon public land. “The record reflects that what the appellant/other residents of the area have done is that 200 square meters of the park have been unauthorizedly occupied and a boundary wall has been constructed to claim title or exclusive possession to the suit land,” Justice Ganju stated.
The court emphasized that the suit filed by Kumar was essentially a tactic to delay the lawful removal of the unauthorized construction, which had already been restrained for several years under the guise of legal proceedings. “This cannot be countenanced by the court,” the judgment added.
Rejecting the notion that the temple’s long-standing presence and historical claims of land donation by local landlords justified its existence, the court held that such arguments did not confer any legal rights over the public park land. The DDA had maintained that the temple was an unlawful encroachment, lacking any legal foundation for its presence or the surrounding boundary wall.
