Supreme Court to examine govt lands allotted for worship

New Delhi: The Supreme Court on Friday decided to examine whether in a secular country like India government lands can be allotted to private organisations for the construction of a temple/mosque/church or Gurudwara and such allotments are legally valid.

A Bench of Chief Justice J.S. Khehar and Justice D.Y. Chandrachud, while posting the matter for final hearing on March 20, asked the apex court Registry to list all connected matters pertaining to lands allotted by various states for the construction of religious shrines. Counsel P.V. Dinesh, appearing for the respondent Muslim Cultural Association, argued that the allotment did not in any manner affect the secular character of the country.

The Bench was hearing a special leave petition filed in 2008 by the Federation of Chennai Suburban Welfare Association challenging the allotment of government lands in 1981 to a Muslim Cultural Association for the construction of a mosque. The Madras High Court in 2007 had upheld the allotment of 0.27 acres of land at Ullagaram Panchayat on the outskirts of Chennai.

In approving the allotment, the High Court said merely because the land is allotted for a religious purpose, that will not change the secular character of the state and the religious right of each community has to be necessarily recognised in the light of the religious freedom guaranteed under Article 25 of the Constitution.

Even when the litigation was pending, the municipality had constructed a compound wall and has been using the land for parking its vehicles and office space extension.

In its appeal, the Association said the right to practise, profess and propagate religion guaranteed under Article 25 of the Constitution does not necessarily include the right to acquire or own or possess property. The state is under an obligation to preserve communal harmony and public order and allow worship at a particular place which may infringe on religious freedom of others.

The Muslim Association argued that the objection for a mosque is nothing but intolerance and communal hatred.  An impression has been created that it is a government land, but the land allotted is a government pond and a water source, it said and prayed for dismissal of the SLP.