Allahabad HC: 1991 Act Doesn't Stop Mosque Acquisition for Public Works
GS2Polity · Governance · IR· Policies of other countries affecting India· Prelims + Mains·
Why in news
The Allahabad High Court ruled that the Places of Worship (Special Provisions) Act, 1991, does not prohibit the government from acquiring places of worship for public purposes like the Kashi Vishwanath Dham Corridor.
Background
The Allahabad High Court dismissed a writ petition challenging the acquisition of six mosques in Dalmandi Street, Varanasi. The court held that the government possesses sovereign power to acquire property for public use, supported by the 2013 land acquisition framework.
Facts for Prelims
- Act / BillPlaces of Worship (Special Provisions) Act, 1991: Prohibits the destruction, acquisition, conversion, or renovation of places of worship.
- BodyAllahabad High Court: The High Court of Judicature at Allahabad.
- FactThe ruling specifically addressed the acquisition of six mosques in Dalmandi Street for the Kashi Vishwanath Dham Corridor expansion.
For Mains
Q. Examine the tension between the Places of Worship (Special Provisions) Act, 1991, and the State's sovereign power to acquire land for public infrastructure projects.
Dimensions to cover in your answer
- Legal ambiguity: Conflict between the 1991 Act's preservation mandate and the State's power of eminent domain.
- Secular governance: Balancing the protection of religious sentiments with the necessity of urban infrastructure and public utility.
- Judicial interpretation: The scope of 'public purpose' in the context of religious sites versus public corridors.
Keywords: Eminent Domain · Sovereign Power · Public Purpose · Judicial Review · Secularism
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