The petition was filed by six tenants and shopkeepers carrying on business in the Dalmandi locality of Varanasi. They sought a writ of mandamus to restrain the Uttar Pradesh Government from proceeding with the widening and beautification of the Dalmandi area, a component of the Shri Kashi Vishwanath Dham Corridor project. The petitioners contended that the project required the acquisition and demolition of six ancient mosques situated in the vicinity, namely Anjuman Intezamia Masjid, Masjid Rangile Shah, Masjid Ali Raza Khan, Masjid Karimullah Baig, Masjid Nisaran and Masjid Sangamarmar. They argued that these mosques, which predated 15 August 1947, were protected under the Places of Worship (Special Provisions) Act, 1991 and that their demolition would contravene the statutory prohibition on altering the religious character of a place of worship. Additionally, the petitioners asserted that the acquisition was arbitrary, illegal and aimed at targeting a particular community, and that it violated their fundamental rights to livelihood and worship.
State’s Position
The State countered that the 1991 Act does not bar the Government from acquiring religious property for a public purpose. It relied on the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (RFCTLARR Act) which confers sovereign authority to acquire any land, including places of worship, for projects serving public interest such as road development and infrastructure augmentation. The State further submitted that Sections 51 and 91 of the Waqf Act, 1995 permit the acquisition of Waqf property, subject to the prescribed procedural safeguards, and that the Mutawalli and the Waqf Board are the appropriate authorities to protect such assets.
Court’s Analysis of the Places of Worship Act
The Bench comprising Justice JJ Munir and Justice Arun Kumar examined Sections 3 and 4 of the Places of Worship (Special Provisions) Act, 1991. It observed that the Act’s core prohibition is directed at the ‘conversion’ of a place of worship from one religious denomination to another, thereby preserving the religious status quo as it existed on 15 August 1947. The Court emphasized that the legislature never intended the Act to function as a barrier against the State’s sovereign power to acquire land for secular and public purposes such as the construction of roads, highways or other essential infrastructure. The Bench stated that the Act does not derogate from the State’s authority to acquire any place of religious worship for a secular and public purpose, like development of a road or augmentation of infrastructure or any similar activity.
Standing of the Petitioners
The Court noted that the petitioners were mere tenants and shopkeepers, not the title holders of the properties in question. It held that, in land acquisition proceedings under the RFCTLARR Act, the primary locus to challenge or negotiate acquisition rests with the title holder. The Bench remarked that the petitioners appeared to be motivated by the protection of their business and source of livelihood rather than any proprietary right. Furthermore, the Court observed that the mosques in question are registered Waqf properties, each with its own Mutawalli. It clarified that the responsibility to safeguard Waqf assets lies with the Mutawalli and the Waqf Board, and that individual members of the Muslim community do not automatically acquire a right to protect such properties merely by virtue of their religious identity.
Conclusion and Disposition
After considering the submissions and the statutory framework, the Bench concluded that the petition lacked merit. The writ petition seeking to halt the Dalmandi area widening and beautification was dismissed. The order, extending to thirty-two pages, reaffirmed that the Places of Worship (Special Provisions) Act, 1991 prohibits only the conversion of religious character and does not impede the State’s power to acquire places of worship for public works, provided the acquisition complies with the procedural requirements of the RFCTLARR Act and the Waqf Act, 1995.