Places of worship cannot encroach on public land: Delhi HC

New Delhi: The Delhi High Court has made a key ruling that places of worship cannot encroach on public land and affect development activities. The court permitted the demolition of portions of a temple and a mosque leaning on a public pathway, hindering pedestrian mobility, PTI reported.

"This court is of the view that the larger public interest would outweigh the concerns raised by both the places of worship, i.e., the Mandir, as also the Masjid. There is no gainsaying that places of worship cannot be encroaching on public land and hindering developmental activities meant for the larger segment of the public," said Justice Prathiba M Singh in a recent order.

The Public Works Department (PWD) submitted before the court that the footpath before the two religious properties does not have enough width for a pedestrian pathway.

The caretakers and bearers of the temple --Sanatan Dharam Mandir / Prachin Shiv Mandir, situated at Jheel ka Piao, Opposite Link House, Mathura Road, ITO -- had moved the high court last year against a letter issued in October 2022 regarding alleged encroachment by it on PWD's "right of way".

Subsequently, the Delhi Waqf Board was also made a party to the petition after the court was informed that a mosque was also being run adjacent to the temple.

The court ruled that the PWD must be permitted to make the pedestrian path uniform and convenient for pedestrian mobility on the busy stretch of the road.

"In order to make the said pedestrian pathway uniform and so as to not inconvenience the pedestrians on the said busy stretch of the road, which also has access to the Delhi Metro station, this court is of the opinion that the PWD ought to be permitted to make the pedestrian pathway uniform. For the said purpose, if some portion of the Mandir/Masjid is to be broken/demolished, the same would have to be permitted by the court," the court ruled.