Govt. can acquire religious sites for public projects: HC
The judgment clarifies the constitutional balance between the right to religion (Articles 25-26) and the state's eminent domain power for public projects. It is relevant to debates on land acquisition, religious freedom limits, and the Essential Religious Practices doctrine. The Kashi Vishwanath Corridor context also links to urban infrastructure governance and heritage corridor development.
Key facts
- Allahabad High Court Division Bench (Justice J.J. Munir & Justice Arun Kumar) dismissed the petition.
- Six shopkeepers from Dalmandi area, Varanasi challenged the road-widening project linked to Kashi Vishwanath Corridor.
- HC held the government can acquire religious sites for public purpose projects.
- The Kashi Vishwanath Corridor is a flagship urban redevelopment project in Varanasi, Uttar Pradesh.
- The ruling reaffirms that religious character of a property does not exempt it from state acquisition for public use.
The observation was made by a Division Bench of Justice J.J. Munir and Justice Arun Kumar while dismissing a petition filed by six shopkeepers from Varanasi’s Dalmandi area challenging the proposed road-widening project linked to the Kashi Vishwanath Corridor.
Concepts to know
Guarantees the freedom of conscience and the right to freely profess, practise, and propagate religion, subject to public order, morality, health, and other fundamental rights. Courts must balance this with rights under Articles 14 and 21.
Grants every religious denomination the right to manage its own affairs in matters of religion and to own/administer property, subject to public order, morality, and health.
States that no person shall be deprived of their property save by authority of law; it is a constitutional right (not a fundamental right) protecting property from arbitrary state acquisition.
The inherent power of the state to compulsorily acquire private property (including religious property) for public purpose, subject to payment of just compensation as prescribed by law.
The principal law governing compulsory acquisition of land in India, mandating public purpose justification, social impact assessment, and fair compensation including solatium.
A judicial test used by the Supreme Court to determine which practices are integral to a religion and thus protected under Articles 25-26; practices not 'essential' can be regulated or overridden by state action.
Linked previous-year questions
The UPSC questions this story connects to.
Consider the following statements: 1. In India, State Governments do not have the power to auction non-coal mines. 2. Andhra Pradesh and Jharkhand do not have gold mines. 3. Rajasthan has iron ore mines. Which of the statements given above is/are correct? (a) 1 and 2 (b) 2 only (c) 1 and 3 (d) 3 only
- a.1 and 2
- b.2 only
- c.1 and 3
- d.3 only ✓
Geography · UPSC 2018Consider the following statements: Statement I: In India, State Governments have no power for making rules for grant of concessions in respect of extraction of minor minerals even though such minerals are located in their territories. Statement II: In India, the Central Government has the power to notify minor minerals under the relevant law. Which one of the following is correct in respect of the above statements? (a) Both Statement I and Statement II are correct and Statement II explains Statement I (b) Both Statement I and Statement II are correct but Statement II does not explain Statement I (c) Statement I is correct but Statement II is not correct (d) Statement I is not correct but Statement II is correct
- a.Both Statement I and Statement II are correct and Statement II explains Statement I
- b.Both Statement I and Statement II are correct but Statement II does not explain Statement I
- c.Statement I is correct but Statement II is not correct
- d.Statement I is not correct but Statement II is correct ✓
Polity · UPSC 2025Match List-I (Article of Indian Constitution) with List-II (Provisions) and select the correct answer using the codes given below the list: List–I (Article of Indian Constitution) A. Article 16 (2) B. Article 29 (2) C. Article 30 (I) D. Article 31 (I) List–II (Provisions) 1. No person shall be deprived of his property save by the authority of law 2. No person can be discriminated against in the matter of public appointment on the ground of race, religious or caste 3. All minorities whether based on religion or language shall have to establish and administer educational institutions of their choice 4. No citizen shall be denied admission into any educational institution maintained by the State, or receiving State aid, on grounds of religion, race, caste, language or any of them (a) A-2, B-4, C-3, D-1 (b) A-3, B-1, C-2, D-4 (c) A-2, B-1, C-3, D-4 (d) A-3, B-4, C-2, D-1
- a.A-2, B-4, C-3, D-1 ✓
- b.A-3, B-1, C-2, D-4
- c.A-2, B-1, C-3, D-4
- d.A-3, B-4, C-2, D-1
Polity · UPSC 2002With reference to Indian public finance, consider the following statements: 1. Disbursements from Public Accounts of India are subject to the Vote of the Parliament. 2. The Indian Constitution provides for the establishment of a Consolidated Fund, a Public Account and a Contingency Fund for each State. 3. Appropriations and disbursements under the Railway Budget are subject to the same form of parliamentary control as other appropriations and disbursements. Which of the statements given above are correct? (a) 1 and 2 (b) 2 and 3 (c) 1 and 3 (d) 1, 2 and 3
- a.1 and 2
- b.2 and 3 ✓
- c.1 and 3
- d.1, 2 and 3
Polity · UPSC 2004Consider the following statements: 1. The Governor of the Reserve bank of India (RBI) is appointed by the Central Government. 2. Certain provisions in the Constitution of India give the Central Government the right to issue directions to the RBI in public interest. 3. The Governor of the RBI draws his power from the RBI Act. Which of the above statements are correct? (a) 1 and 2 only (b) 2 and 3 only (c) 1 and 3 only (d) 1, 2 and 3
- a.1 and 2 only
- b.2 and 3 only
- c.1 and 3 only ✓
- d.1, 2 and 3
Economy · UPSC 2021Match List I (Articles of the Constitution of India) with List II (Provision) and select the correct answer using the codes given below the lists: List–I A. Article 14 B. Article 15 C. Article 16 D. Article 17 List–II 1. The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex place of birth or any of term. 2. The State shall not deny to any person equality before the law or the equal protection of laws within the territory of India. 3. 'Untouchability' is abolished and its practice in any form is forbidden. 4. There shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State. (a) A-2, B-4, C-1, D-3 (b) A-3, B-1, C-4, D-2 (c) A-2, B-1, C-4, D-3 (d) A-3, B-4, C-1, D-2
- a.A-2, B-4, C-1, D-3
- b.A-3, B-1, C-4, D-2
- c.A-2, B-1, C-4, D-3 ✓
- d.A-3, B-4, C-1, D-2
Polity · UPSC 2004
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