Court Dismisses Petition Challenging Acquisition of Mosques and Shops for Development of Kashi Vishwanath Corridor
The Allahabad High Court has dismissed a writ petition challenging the State of Uttar Pradesh's decision to acquire certain properties, including six ancient mosques, for the widening and beautification of Dalmandi Street as part of the Kashi Vishwanath Corridor project. The petition, filed by tenants and shopkeepers from Dalmandi Market in Varanasi, sought to prevent the acquisition, arguing that it violated their rights and the Places of Worship (Special Provisions) Act, 1991.
The court, comprising Justices J.J. Munir and Arun Kumar, ruled that the Places of Worship Act does not prohibit the State from acquiring religious sites for public purposes, provided that the acquisition includes fair compensation and consultation with the relevant authorities, such as the Waqf Board in the case of Waqf properties.
The petitioners, who are tenants of shops in Dalmandi Market, argued that the acquisition would infringe on their rights to livelihood and religious practice. They also contended that the proposed demolition of the mosques would violate the Places of Worship Act, which aims to preserve the religious character of sites as they existed on August 15, 1947.
The court, however, clarified that the Act is intended to prevent the conversion of religious sites from one denomination to another and does not impede the State's authority to acquire such properties for public purposes. It emphasized that the acquisition must be for a secular purpose, such as infrastructure development, and must not prevent individuals from practicing their religion elsewhere.
The judgment also addressed the petitioners' status as tenants, highlighting that they do not hold ownership rights to the properties in question and therefore have limited standing to challenge the acquisition. The court noted that the owners of the properties have not objected to the acquisition process.
The decision underscores the balance between preserving religious sites and facilitating public infrastructure projects, affirming the State's power to acquire land for public use under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, in conjunction with the Waqf Act, 1995.
The court's dismissal of the petition allows the State to proceed with the development project, which aims to enhance the accessibility and aesthetics of the area surrounding the Kashi Vishwanath Temple, a significant site for pilgrims and tourists.
Bottom line:-
Places of Worship (Special Provisions) Act, 1991 does not bar acquisition of places of worship for public purpose under the doctrine of eminent domain, provided the acquisition is for a secular and public purpose and includes just and fair compensation to the owner.
Statutory provision(s): Places of Worship (Special Provisions) Act, 1991, Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, Waqf Act, 1995, Uttar Pradesh Urban Planning and Development Act, 1973, Uttar Pradesh Municipal Corporation Act, 1959.
Syed Rashid Ali v. State of U.P., (Allahabad)(DB) : Law Finder Doc id # 2933811
