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ALLAHABAD HIGH COURT
V.K. Shukla and Mahesh Chandra Tripathi, JJ.
Church Of North India Trust Association - Petitioner
Vs.
Union Of India And 3 Others - Respondent
WRIT-C No.-56316 of 2016
Decided On : 19-12-2016
CHURCH - ACQUISITION OF LAND - NATIONAL HIGHWAYS ACT, 1956 - PLACES OF WORSHIP (SPECIAL PROVISIONS) ACT, 1991 - CONSTITUTION OF INDIA, ARTICLES 25, 26 - U.P. NAGAR MAHAPALIKA ADHINIYAM - LAND ACQUISITION ACT, 1894 - Held, that the acquisition of land for the purpose of constructing a 6-lane road under the National Highways Act, 1956, does not violate the provisions of the Places of Worship (Special Provisions) Act, 1991, which prohibits the conversion of any place of worship of any religious denomination. The Act does not bar the acquisition of land under the National Highways Act, 1956, as the Act enables the Central Government to acquire land. The acquisition of land for a public purpose does not violate the freedom of religion guaranteed under Articles 25 and 26 of the Constitution of India. The right to practice religion is a personal right which has to be exercised by the individual. It has no nexus with the place or territory where it has to be exercised. The acquisition of land on which a mosque or graveyard is situated does not deprive any living person of his right to profess, practice, or propagate religion.
Fact of the Case:
The Church of North India Trust Association challenged the acquisition of land belonging to the Church and Graveyard for the construction of a 6-lane Agra-Etawah bypass under the National Highways Act, 1956. The petitioners contended that the acquisition violated the Places of Worship (Special Provisions) Act, 1991, which prohibits the conversion of any place of worship, and also violated their right to freedom of religion under Articles 25 and 26 of the Constitution of India.
Finding of the Court:
The Court held that the acquisition of land for the purpose of constructing a 6-lane road under the National Highways Act, 1956, does not violate the provisions of the Places of Worship (Special Provisions) Act, 1991, which prohibits the conversion of any place of worship of any religious denomination. The Act does not bar the acquisition of land under the National Highways Act, 1956, as the Act enables the Central Government to acquire land. The acquisition of land for a public purpose does not violate the freedom of religion guaranteed under Articles 25 and 26 of the Constitution of India. The right to practice religion is a personal right which has to be exercised by the individual. It has no nexus with the place or territory where it has to be exercised. The acquisition of land on which a mosque or graveyard is situated does not deprive any living person of his right to profess, practice, or propagate religion.
Issues: 1. Whether the acquisition of land for the purpose of constructing a 6-lane road under the National Highways Act, 1956, violates the provisions of the Places of Worship (Special Provisions) Act, 1991, which prohibits the conversion of any place of worship of any religious denomination? 2. Whether the acquisition of land for a public purpose violates the freedom of religion guaranteed under Articles 25 and 26 of the Constitution of India?
Ratio Decidendi: The Court relied on the following principles in reaching its decision: 1. The Places of Worship (Special Provisions) Act, 1991, does not bar the acquisition of land under the National Highways Act, 1956, as the Act enables the Central Government to acquire land. 2. The acquisition of land for a public purpose does not violate the freedom of religion guaranteed under Articles 25 and 26 of the Constitution of India. 3. The right to practice religion is a personal right which has to be exercised by the individual. It has no nexus with the place or territory where it has to be exercised. 4. The acquisition of land on which a mosque or graveyard is situated does not deprive any living person of his right to profess, practice, or propagate religion.
Final Decision: The Court dismissed the petition and held that the acquisition of land for the purpose of constructing a 6-lane road under the National Highways Act, 1956, does not violate the provisions of the Places of Worship (Special Provisions) Act, 1991, or the freedom of religion guaranteed under Articles 25 and 26 of the Constitution of India.
1. Church of North India Trust Association through its registered Power of Attorney Holder Rt. Rev. P.P. Habil, Bishop of Diocese of Agra, Bishop House, St. Paul's Church Compound, 4/116-B Church Road, Civil Lines, Agra is before this Court, assailing the validity of the Gazette Notification (Extraordinary) dated 17.08.2012 in relation to acquisition of Plot No. 399 area .0085 hect., Plot No. 400 area .0913 hect., Plot No. 396 area .0060 hect. and Plot No. 397 area .0216 hect. published in Hindi Daily 'Amar Ujala' dated 15.09.2012, wherein land belonging to Church and Graveyard has been sought to be acquired for the purpose of construction of 6-lane Agra-Etawah bye-pass from 199.660 Km. to 292.800 Km. of National Highway-2 in the State of U.P.
2. Brief background of the case is that there is a church body known as Commission on Ecumenical Mission and Relations of the United Presbyterian Church in the United States of America (hereinafter referred to as COEMAR) which is a body corporate and politic forever, constituted by and under the Charter granted by the Legislature of the State of New York. COEMAR has its registered trust and had been established for the purpose of promoting Christianity outside the area of the United States of America particularly by carrying on and maintaining all forms of religious & charitable work including relationships and cooperation with other Christian churches. Petitioner submits that the object of COEMAR was to establish various churches, schools, hospitals, dispensaries and other religious and charitable institutions in India, which included acquiring of properties for the said objective in India. Petitioner further submits that COEMAR has a religious and charitable trust and for making proper and better provisions for the management, protection, preservation and the use of its properties appointed new Trustee in India being the Church of North India Trust Association, a company incorporated under section 25 of Indian Companies Act, 1956, having its registered office at 6 Pant Marg, New Delhi (hereinafter referred to as the Trust Association). It is pertinent to state that a Deed of Appointment of New trustee appointed by COEMAR is the CNI Trust Association. However, in respect of each property instrument of appointment of new trustee was executed. One such instrument of appointment of new trustee which is relevant for the controversy involved in the instant writ petition relates to Village Sehjalpur, Pargana Shikohabad, District Mainpuri of a total area of land in 6.91 acres bearing new Khasra No. 393, 394, 395-400, 377/1.
3. Petitioner has contended that CNI Trust Association in its Articles of Association executed the Power of Attorney in favour of Rt. Rev. S.R. Cutting, Bishop of Agra under whose territorial jurisdiction the property in question was situated. District Mainpuri falls within the territorial jurisdiction of Diocese of Agra under the control and supervision of its Bishop. Petitioner submits that the Gazette Notification was published on 22.12.1981 in the Gazette dated 3.7.1982. The notification dated 22.12.1981 was under the provisions of Land Acquisition Act, 1894. The land was being acquired for the purpose of construction of Shikohabad bye-pass at National Highway-2, District Mainpuri. By the said notification part of the land of the petitioner was also sought to be acquired and accordingly vacant part of Plot No. 397 area 0.20 acres and part of Plot no. 400 area 0.79 acres was acquired. The acquired land was vacant and the petitioner had no objection to the land being acquired as the same was vacant.
4. On Plot No. 399 there is an old church known as 'Moore Memorial Church Shikohabad District Firozabad' in which Christian worship takes place even till date. Adjacent to the church on Plot No. 396 there is a Christian graveyard. Though by the acquisition of part of plot nos. 397 & 400, the church compound was reduced and the bye pass constructed was few feet away from
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