Madras HC stays order exempting religious structures from NOC, putting focus back on law and public interest

Madras HC stays order exempting religious structures from NOC, bringing renewed attention to the importance of planning rules and public safeguards in Tamil Nadu. The Madurai Bench of the Madras High Court passed an interim order halting the operation of a recent government decision that allowed certain religious buildings to avoid obtaining a No Objection Certificate for planning permission.

The court examined a government order issued by the Tamil Nadu Housing and Urban Development Department earlier this month. The order had stated that religious buildings which began functioning between 2019 and 2024 would not be required to submit a No Objection Certificate, provided they complied with existing building rules. However, the High Court observed that such an exemption could not be applied retrospectively.

A division bench noted that government orders cannot undo statutory requirements that were already in force. The judges made it clear that planning regulations exist for a reason and must be followed uniformly, especially when it comes to constructions that may affect public order and community harmony.

Madras HC stays order exempting religious structures from NOC after PIL highlights risks

The case reached the High Court through a public interest petition filed by a Madurai-based real estate professional. In his plea, the petitioner argued that Tamil Nadu’s building rules clearly require a No Objection Certificate from the district collector before granting permission for constructing or converting a building into a religious structure.

He explained that the NOC process acts as a legal safeguard. It allows authorities to assess factors such as the suitability of the location, traffic impact, communal sensitivity, and possible law-and-order concerns. According to the petitioner, removing this requirement weakens the system meant to maintain peace and proper urban planning.

The petitioner also pointed out that the government order attempted to regularise buildings that were originally approved for non-religious use but were later used as religious places. He claimed that allowing such structures to continue without proper scrutiny could create long-term problems and encourage violations of planning laws.

The court took note of these arguments and agreed that retrospective approval could set a dangerous precedent. The judges observed that once rules are framed, they must be followed from the date they come into effect. Any relaxation of such rules must be carefully examined and cannot be granted automatically.

 Madras HC stays order exempting religious structures from NOC amid rule clarity debate

During the hearing, the state government explained that while the building rules were introduced in 2019, detailed procedures for processing No Objection Certificates were finalised only in 2024. Based on this delay, authorities received representations seeking relief for religious buildings that had already started functioning.

According to the government, planning agencies and religious institutions requested the exemption to avoid administrative delays. The government order aimed to address these concerns by allowing such buildings to seek planning permission without insisting on an NOC.

However, the High Court was not convinced by this explanation. The bench observed that administrative delays cannot override statutory requirements. The judges stressed that any building, especially religious structures, must comply with the law in force at the time of construction or conversion.

The court also underlined that religious buildings often attract large gatherings and can impact surrounding areas. Therefore, scrutiny by district authorities is essential before granting permission. Skipping this step could affect public safety, traffic movement, and social balance.

After considering all arguments, the High Court stayed the government order and directed that existing rules should continue to be followed until the matter is fully heard. The case has been posted for further hearing later this month. Also Read: HC stays GO on conversion of non-religious buildings without NOC

Conclusion

The decision where the Madras HC stays order exempting religious structures from NOC reinforces the importance of uniform planning laws and public safeguards. The ruling from the Madras Bench is expected to guide future decisions on religious building approvals. The final outcome of the case is expected to clarify how religious buildings are regulated while balancing administrative convenience with public interest.