1. Petition seeking joint survey, inspection, and demolition of alleged illegal temple construction in a cooperative society. (Para 2 , 3 )
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2026 Supreme(Online)(Del) 20428
IN THE HIGH COURT OF DELHI AT NEW DELHI
Prathiba M. Singh, Dinesh Bhatt, JJ
Meena Pandit – Appellant
Versus
Registrar of Cooperative Societies – Respondent
W.P.(C) 8421/2025|CM APPL. 36649/2025|CM APPL. 36650/2025|CM APPL. 41489/2025|CM APPL. 6642/2026|CM APPL. 35643/2026
Advocates:
For the Appellants/Petitioners: Akshit Sachdeva, Yatender Rawat, Arun Kumar, Jayesh Taneja
For the Respondents: Mukesh Chand, Tushar Sannu, Shrey Bhardwaj, Mrinalini Sen, Aditi Saxena, Aditi Singh, Vinod Zutshi, Suraj Raina
For the Appellants/Petitioners: Akshit Sachdeva, Yatender Rawat, Arun Kumar, Jayesh Taneja
For the Respondents: Mukesh Chand, Tushar Sannu, Shrey Bhardwaj, Mrinalini Sen, Aditi Saxena, Aditi Singh, Vinod Zutshi, Suraj Raina
Religious structures in cooperative housing societies cannot be constructed in violation of building bye-laws or imposed without the consent of all residents, especially when they infringe upon the privacy and peace of other residents.
Headnote:(A) Illegal Construction - Housing Society - Construction of a religious structure in a green area or setback area in violation of building bye-laws and without the consent of all residents is impermissible. (Para 13)
(B) Right to Privacy and Quiet Enjoyment - Senior Citizens - Residents, particularly senior citizens with medical ailments, have a right to privacy and personal space in their homes, which cannot be disturbed by the activities of a temple imposed without consensus. (Para 19)
(C) Consensus in Housing Societies - Religious Structures - In a multi-denominational housing society, the creation of a place of worship must be fully agreed upon by all residents and cannot be imposed by force. (Para 19)
Issues: Whether the illegal construction of a religious structure within a cooperative housing society's premises, contrary to building bye-laws and without the consent of all residents, can be permitted.
Legal Category Hierarchy
- administrative law
- practice and procedure
- property law
- constitutional law
Table of Contents
2. Petitioner: illegal construction on green area affects senior citizens. Society: structure moved in compliance; religious reverence; no damage. (Para 3 , 15 , 16 )
3. Temple imposed without all residents' consent cannot be in a common area near a senior citizen's flat—empathetic approach required. (Para 10 , 19 )
4. A religious structure in a society requires consent of all residents and compliance with applicable laws and bye-laws. (Para 10 , 19 )
5. Contempt discharged; Society directed to relocate the religious structure to a local temple under SDM supervision. (Para 18 , 20 , 21 , 22 )
6. Can a religious structure be built in a cooperative society without the consent of all residents?
No. A temple or religious structure cannot be imposed by force; it requires the full agreement of all residents and compliance with applicable bye-laws. (Para 10 , 19 )
7. What constitutes a valid relocation of a religious structure from a common area?
Relocation must comply with applicable laws and societal bye-laws, be done with all residents' consent, and must not violate prior orders of authorities or the court. (Para 10 , 12 , 16 , 19 )
8. Can a cooperative society move a religious structure without consent of all residents to circumvent court orders?
No. Moving a religious structure to circumvent court or authority orders is not permitted and may attract contempt proceedings. (Para 10 , 12 , 16 , 18 )
Prathiba M. Singh, J. (Oral)
1. This hearing has been done through hybrid mode.
2. The present petition has been filed by the Petitioner, inter alia, seeking directions to the Registrar of Co-operative Societies (hereinafter, ‘RCS’) and the Municipal Corporation of Delhi (hereinafter, ‘MCD’) to conduct a joint survey and inspection of the subject site for identification of illegal construction at Respondent No. 3 - Satisar Co-Operative Group Housing Society Ltd. (hereinafter, ‘the Society’). In addition, the Petitioner had prayed for demolition of the existing illegal construction.
3. The case of the Petitioner is that she and her husband who are living in the Society are senior citizens aged about 78 years, and are suffering from several medical ailments. In particular, the Petitioner is stated to be a heart patient. The Petitioner is aggrieved by the actions of the Managing Committee of the Society, which was carrying out illegal construction of a temple at the subject site within the Society’s premises. It is stated that the illegal construction of the temple and the pujas which would be conducted in the early morning or late evenings, would severely affect the sleep, rest and recovery of the Petitioner and her husband. The Petitioner is also aggrieved by the fact that the illegal construction had been undertaken on the ‘Green Area’ of the Society.
4. On 11th June, 2025, notice was issued in the present matter and Respondent No. 1-RCS was directed to file a status report pertaining to the alleged construction. Further, notice was also issued to the MCD and the Society, to inform about the steps being taken.
5. Further to the directions of the Court, vide order dated 11th August, 2025, the Delhi Development Authority (hereinafter, ‘DDA’) was also made a party to the present petition. A status report dated 22nd September, 2025 was filed by the DDA, wherein it was stated that a temporary structure to house the shivling and trishul was created.
6. Further, as per the said status report, a letter dated 19th August, 2025 was issued to the President/Secretary of the Society directing removal of the temporary encroachment within 7 days in terms of the Delhi Development Act, 1957. However, the said directions were not complied with by the Society. Pursuant thereto, Show Cause Notices dated 4th September, 2025 and 18th September, 2025 were also issued to the Society. The stand of the Society as per the status report is as under:
“There is only a Shivlinga established in a corner of the society and no permanent structure has been made. Being a matter of faith, the removal of the same may be sensitive. Further, as the matter is subjudice before the Hon’ble Court, the society shall remove the Shivlinga as and when directed by the Hon'ble Court.”
7. The above was examined and found to be unsatisfactory by the DDA in light of the Unified Building Bye-Laws, 2016 and Master Plan of Delhi, 2021. Therefore, on 19th September, 2025, the DDA issued a Sealing-cum- Demolition order to the President/Secretary of the Society directing to demolish the illegal and unauthorised construction of their own within a period of 7 to 15 days.
8. The said order was also not complied with by the Society. On 12th December, 2025, the Court had directed the DDA to report on the compliance by the next date of hearing.
9. Thereafter, on 30th January, 2026, this Court was considering the application filed on behalf of the Petitioner, wherein the Petitioner was seeking appropriate directions to the Society and the DDA to remove the unauthorised structure raised by the Managing Committee of the Society. On the said date, it was stated that the structure, consisting of the shivling and trishul had been moved closer to the flat of the Petitioner.
10. After perusing the photographs annexed with the said application, on the said date, the Court had noted that the Society had moved the idols in a roundabout within the Society, which is a green patch. After considering th
