Land belonging to religious body can be acquired for public purpose: Allahabad HC

Allahabad HC directs Church of North India Association and NHAI to 'work out modality' for 'demolition or shifting' of a church for a six-lane road construction

PTI
First Published24 Dec 2016
A file photo of the Allahabad high court. Photo: Diptendu Dutta/AFP.
A file photo of the Allahabad high court. Photo: Diptendu Dutta/AFP.

Allahabad: The Allahabad high court has ruled that land belonging to a religious body can be acquired for a “public purpose” while asking the Church of North India Association and National Highway Authority of India (NHAI) to “work out modality” for “demolition or shifting” of a church for construction of a six-lane road.

“Once there is public purpose for which land in question has been acquired, invoking provision of National Highways Act, 1956, then no relief can be accorded to the petitioner,” the Allahabad HC said, disposing of the plea of the Church of North India Association which had challenged a 17 August 2012 notification by which four plots of land were acquired in Firozabad district for construction of a bypass connecting Agra with Etawah in Uttar Pradesh.

A division bench of the Allahabad HC comprising Justices V.K. Shukla and M.C. Tripathi in its 19 December order said that in view of Christmas festivities, the structures should not be demolished “for the period of one month” but thereafter the Church of North India Association and the NHAI should “work out modality” for “demolition or shifting” of the same.

The Church of North India Association had moved the court contending that the impugned notification “hurts the sentiments and religious conscience of the Christian community” which violated the “right to freedom of religion” and the “freedom to manage religious affairs” guaranteed under Articles 25 and 26 of the Constitution. The petitioner had also argued that the acquisition of the land violated the Place of Worship (Special Provisions) Act, 1991, which “safeguards all religious properties”.

The court, however, refused to interfere in petition challenging the acquisition of the land belonging to a church and a graveyard in western Uttar Pradesh for construction of the six-lane road. It said that the Place of Worship (Special Provisions) Act only “bars any person from converting any place of worship of any religious denomination or different religious denomination” and that the “provision had been introduced to see that communal harmony is not disturbed and persons of one religious community may not take on the other”.

The bench accepted the plea made by the petitioner’s counsel that “it would be too harsh to demolish the church at this point of time, i.e. on Christmas eve, and as such for a period of one month, demolition may not take place on the spot and thereafter, the petitioner in consultation with NHAI would see and ensure demolition/shifting of the church as well as of the graveyard”.

Catch all the Industry News, Banking News and Updates on Live Mint. Download The Mint News App to get Daily Market Updates.MoreLess
HomeindustryinfrastructureLand belonging to religious body can be acquired for public purpose: Allahabad HC

Most Active Stocks

Ashok Leyland

210.55
10:29 AM | 24 MAY 2024
-1.85 (-0.87%)

Bharat Electronics

297.10
10:28 AM | 24 MAY 2024
8.7 (3.02%)

GAIL India

204.40
10:29 AM | 24 MAY 2024
3.95 (1.97%)

Tata Steel

174.80
10:29 AM | 24 MAY 2024
-0.65 (-0.37%)
More Active Stocks

Market Snapshot

  • Top Gainers
  • Top Losers
  • 52 Week High

Inox Wind

164.20
10:21 AM | 24 MAY 2024
13.25 (8.78%)

BHARAT DYNAMICS ORD

1,527.50
10:22 AM | 24 MAY 2024
120.8 (8.59%)

Amara Raja Energy & Mobility

1,209.10
10:17 AM | 24 MAY 2024
94.85 (8.51%)

Vodafone Idea

15.11
10:29 AM | 24 MAY 2024
1.06 (7.54%)
More from Top Gainers

Recommended For You

    More Recommendations

    Gold Prices

    • 24K
    • 22K
    Bangalore
    73,252.00-1,249.00
    Chennai
    74,333.0050.00
    Delhi
    73,685.00-889.00
    Kolkata
    73,901.00-454.00

    Fuel Price

    • Petrol
    • Diesel
    Bangalore
    99.84/L0.00
    Chennai
    100.75/L0.00
    Kolkata
    103.94/L0.00
    New Delhi
    94.72/L0.00
    OPEN IN APP
    HomeMarketsPremiumFor youGet App