The Solicitor General of India informed the Court that in a meeting of the Secretaries of all States of the country, the following consensus had emerged; (i) No unauthorized construction of any religious institution namely, temple, church, mosque or gurudwara, etc.
It is a mechanism that controls the development and use of land. This involves the construction of new buildings, the extension of the existing ones, and the change of use of the building or land to another use.
A construction permit, also known as a building permit is a licence which needs to be sought from authorities for any new construction or adding on top of pre-existing structures and in some cases for major facelifts.
If they want to build a temple in a resedential area they need to take the permission of civil authority and clearance of local police authority. If they have taken the permission to build such temple then it is ok if not then such construction is illegal and needs to be abolished or get such required permission.
Building of Temple for Public on the first floor of a Residential building is not legal. However a temple can be built in the compound of a Group Housing Residential society complex and even Public can be allowed to visit that.
Reference: Regulation of Employment and Conditions of Service Act