Supreme Court stays Madras High Court direction to demolish temple in Madurai apartment complex

The Supreme Court on Friday stayed a Madras High Court direction ordering the demolition of a temple constructed on land designated as Open Space Reservation (OSR) within the premises of Visthara Residency, an apartment complex in Madurai, Tamil Nadu [Visthara Welfare Association vs. R. Mayilsamy & Ors.].

A Bench of Justices Ujjal Bhuyan and Manmohan passed the interim order on a petition filed by the Visthara Welfare Association.

Senior Advocate Dama Seshadri Naidu, appearing for the petitioners, submitted that the demolition orders were passed by the High Court without granting them an opportunity of being heard.

He further contended that the temple had been built with the consent of the apartment residents and was being used by them as a common place of worship.

The petitioners challenged a June 2 order of the Madras High Court that had ordered the municipal authorities to demolish a temple on the ground that it was constructed unauthorisedly on OSR Land.

The High Court passed the directive on a petition filed by one R Mayilsamy, a resident of Madura. Mayilsamy had sought a direction to remove the alleged encroachment on OSR land in New Vilangudi under the Tamil Nadu Town and Country Planning Act, 1971.

The plea alleged that certain residents of the Visthara Residency apartment complex had constructed a temple on the open space reserved for community use, without obtaining any statutory permissions.

The High Court Bench of Justices SM Subramaniam and AD Maria Clete observed that the temple was clearly unauthorised and contrary to the provisions of the 1971 Act.

It noted that the Apartment Owners’ Association could not produce any document showing approval or licence for the construction. It further observed that the Supreme Court and various High Courts had consistently held that OSR lands cannot be encroached upon, even by residents of an apartment complex, and must be maintained strictly in accordance with the law.

The municipal authorities were directed to remove the unauthorised structure and restore the land to its original position as per the approved building plan within four weeks. The matter was posted for compliance on July 2.

The Supreme Court’s stay order now halts the implementation of the High Court’s direction, pending further consideration of the matter in August.