The installation of a Buddha statue and 33 statues of eminent personalities on public land did not violate the constitutional mandate of secularism, as it was for a public purpose and not for the promotion of any particular religion.

K. RAMA SWAMY, J.

( 1 ) CHIEF Justice P. B. Gajendragadkar in his preface dated March 16, 1971 to Kashinath Triambak Telang, Endowment Lectures titled as "secularism and the Constitution of India" delivered by him, poignantly portrayed that "without secularism no community can come to terms with modernism and unless the whole of the Indian community comes to the terms with modernism, obscurantism and fanaticism will continue to pose a grave danger to our democratic way of life". He emphasised that Indian democracy will not be able to achieve its objective of establishing a new social order based on social equality and economic and political justice unless the whole of the indian community accepts the doctrine of secularism without any mental reservation and makes it a part of its life individual and collective. In the absence of new social order, secularism will remain merely an academic doctrine and would not serve the purpose of bringing about a complete social harmony amongst all the constituents of the Indian community. The present case has presented the need of the above problem and the part of the State in its play in bringing in to fruition of the concept of secularism in new social order based on social equality and economic and political justice to all its people.

( 2 ) THE petitioner is seeking writ of Mandamus to restrain the State from installing 45 feet high monolithic statue of Lord Budda on the Gibralter rock in Hussain Sagar Lake and 33 statues of different personalities, proud sons and daughters of Andhra Pradesh, at the cost of the Public ex-chequer. The petitioner, a social spirited person, asserts that despite the State is passing through several economic tribulations and though is unable to provide the basic amenities like drinking water to its people and in particular to the people of the city of Bhagyanagar (Hyderabad and Secunderabad) it is needlessly spending Rs. 3. 5 crores to erect the above statues. The action, at the behest of the State is in derogation of the constitutional mandate under art. 27 of the Constitution. The erection of Budda statue is a Hindu religious patronage, while, the State is injuncted not to patronise any particular religion. The Constitution charges the State to bring about secularism by its actions and pursuits spending the public money and not for religious purpose.

( 3 ) THE tank bund road vests under Section 373 of the Hyderabad municipal Corporation Act, 1955 (Act II of 1955), for short, "the Act". The State Government did not obtain the consent of its owner. Therefore it has neither power to extend the road, nor right to erect on its land the above statutes. The direction of errection of them is politically motivated and a religious act. The State has no power to spend public funds for these purposes. The act on the part of the State is intended to benefit the ruling party to propagate a particular religious advantage.

( 4 ) IN view of the urgency involved, notice on admission was given to the Mate Government which filed its counter-affidavit and additional counter- affidavit, denying the allegations made. It is admitted that 45 feet monolithic buddha statute on the Gibraltor rock in the Hussain Sagar Lake is being installed. It is stated that it has been envisaged as a part of the total Budda poornima Projected initiated one year back. It is a project to be completed in three years. In G. O. Ms. No. 444 dated August 23, 1986, a sum of Rs. 125 lakhs sanctioned as a part of expenditure for the project from "cultural affairs Account". The tank bund road is part of National Highway No. 7. The traffic jam is accute and has become a regular feature. The tank bund road is in a bad shape. To ensure free flow of traffic on the tank bund it became necessary to widen the tank bund road. It is a centrally located place. All visitors to the city would pass through this road. Therefore, the government thought that beautification of the road would command great view to the City and th