The Supreme Court has stayed the Madras High Court’s demolition order of a temple built on OSR land in Madurai’s Visthara Residency. Learn about the legal battle, key arguments, and what’s next.

Supreme Court Stays Madras High Court Order on Temple Demolition in Madurai

On June 21, 2025, the Supreme Court of India issued a stay on the Madras High Court’s order to demolish a temple situated within the Visthara Residency apartment complex in Madurai, Tamil Nadu. The court’s intervention came after a petition was filed by the Visthara Welfare Association.

Background: Temple Built on OSR Land Sparks Legal Dispute

The temple in question was constructed on land designated as Open Space Reservation (OSR), which under Indian urban planning norms, is reserved for community use such as parks and playgrounds. The High Court had earlier ruled in favor of removing the structure, declaring it an unauthorized encroachment.

Legal Challenge by Visthara Welfare Association

The stay was granted by a Bench comprising Justices Ujjal Bhuyan and Manmohan, responding to a plea from the Visthara Welfare Association. Representing the petitioners, Senior Advocate Dama Seshadri Naidu argued that the High Court’s demolition directive was issued without providing the residents an opportunity to be heard.

He emphasized that the temple was built with consensus from apartment residents and served as a shared place of worship, adding to the cultural and spiritual fabric of the community.

High Court’s Initial Order Based on Town and Country Planning Act

The June 2 ruling from the Madras High Court, in the case of R. Mayilsamy vs. Visthara Welfare Association, mandated municipal authorities to demolish the temple for violating the Tamil Nadu Town and Country Planning Act, 1971.

Petitioner R. Mayilsamy alleged that the structure was erected without legal approval on community-designated OSR land in New Vilangudi, a locality in Madurai. The court held that such land cannot be used for personal or religious constructions unless specifically permitted under law.

Court Observations and Municipal Instructions

Justices SM Subramaniam and AD Maria Clete of the Madras High Court noted that the Apartment Owners’ Association failed to produce any documents approving or licensing the temple’s construction. The judges reiterated that OSR lands must remain unencumbered as per previous rulings by both the Supreme Court and various High Courts.

Accordingly, municipal authorities were directed to restore the land to its original state within four weeks, adhering to the original building plan. The compliance deadline was set for July 2, 2025.

What’s Next: Supreme Court to Review Case in August

With the Supreme Court stay in place, the implementation of the High Court’s order is temporarily on hold. The matter is scheduled for further hearing and consideration in August.

This development highlights the ongoing tension between urban planning regulations and community religious sentiments. The final verdict will likely set a precedent for similar disputes involving unauthorized construction on OSR land across India.