Delhi HC Dismisses Writ Seeking Removal of Unauthorised Religious Structures, Calls Prayers Omnibus

The Division Bench found the petition lacked specific site details or targeted pleadings, making it impossible to issue the sweeping directions sought across all public land in Delhi.

The Delhi High Court on 9 July 2026 dismissed a writ petition that sought court directions compelling the Delhi government, the Municipal Corporation of Delhi, and the Delhi Police to remove all unauthorised religious structures from public parks, green belts, playgrounds, roads, footpaths, civic amenity sites, and other public lands across the capital. The Division Bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia held that the prayers were “general and omnibus in nature” and could not be granted without specific pleadings identifying the encroachments complained of. The court left the door open for the petitioner to refile with concrete particulars.

What the Petition Asked For

The petitioner, Syed Mohd Umar, filed W.P.(C) 8925/2026 seeking a cluster of directions. At its core, the petition wanted respondent authorities to remove all unauthorised religious structures standing on public parks, green belts, playgrounds, roads, footpaths, civic amenity sites, and all other public lands within Delhi's territory.

The petition went further. It also sought removal of all unauthorised religious encroachments and all commercial and residential constructions on public land, followed by restoration of the affected open spaces and civic amenity lands.

Beyond the removal prayers, the petition asked the court to direct the respondents to prepare a Zone-wise and Ward-wise inventory of every such unauthorised religious encroachment on public land in Delhi and to then act on that inventory. It additionally sought constitution of a Joint Special Task Force for the identification, prevention, and removal of future encroachments on public land.

The petitioner further prayed for directions to fix individual responsibility on the concerned authorities and for the establishment of an accessible online portal through which members of the public could lodge complaints about encroachments.

Why the Bench Would Not Grant the Prayers

The Division Bench identified the central deficiency in the petition at paragraph 6 of its order. Every prayer, the court observed, was general and omnibus. There was no specific allegation identifying a particular site, no particulars about the nature of any specific construction, and no details about the specific encroachment the petitioner was targeting.

In that state of pleadings, the bench said, it would become difficult for the court to issue the directions sought. A court directing the removal of all unauthorised religious structures across an entire city requires something more than a broad assertion that such structures exist — it requires the petitioner to place before the court identified locations, identified structures, and facts that distinguish the complaint from a general grievance about citywide policy enforcement.

The bench recorded its conclusion plainly: the prayers as framed could not be granted in the absence of appropriate and adequate pleadings.

Outcome

The Division Bench dismissed the writ petition. It simultaneously granted the petitioner liberty to file a fresh petition with the specific details and appropriate and adequate pleadings. No costs were awarded. The order was passed on 9 July 2026 and is signed by Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia.