E-Paper
Right to construct temple on pvt property protected by Constitution: HC
Court made these observations while disposing of a writ plea filed by Hindu seer Acharya Pramod Krishnam Ji Maharaj challenging the orders of DM (Sambhal) restraining him from making any constructions or laying the foundation of a temple on his private plots without obtaining permission from the district administration
PRAYAGRAJ The Allahabad high court has observed that “mere construction of a temple by any person on his private property cannot offend religious sensibilities of any other community.”
A division bench comprising Justice Salil Kumar Rai and Justice Surendra Singh held that the right to construct a temple on a private property is protected by Articles 25 and 26 of the Constitution of India.
The court made these observations while disposing of a writ plea filed by Hindu seer Acharya Pramod Krishnam Ji Maharaj challenging the orders of district magistrate (Sambhal) in 2016 and 2017 restraining him from making any constructions or laying the foundation of a temple on his private plots without obtaining permission from the district administration.
The court termed the order passed by the DM (Sambhal) on October 30, 2017, by which construction of Kalki Dham temple of Acharya Pramod Krishnan Ji Maharaj was stopped, as based on “presumptions and surmises”.
It declined to accept the ground taken by the DM that construction of the temple would offend religious sensibilities of a particular community and would create law and order problem. The division bench directed the zila panchayat, Sambhal, to pass appropriate orders on the map submitted by the petitioner, strictly in accordance with its bye-laws and without being persuaded by the observations of the DM in his order dated October 30, 2017.
The court observed, “The right of the petitioner to construct a temple on his private property is protected by Articles 25 and 26 of the Constitution and there is no evidence that the construction would have disturbed public order or was against morality or would be inimical to public health.”
A Kalki Mahotsav is held in Achora Kambo village of Sambhal. The petitioner claimed to be a reputed Hindu seer and that he had been declared as peethadhishwar of Sri Kalki Dham in the village.
The petitioner purchased certain properties in the village and had planned to lay the foundation of Kalki Dham Temple in the village on November 7, 2016. It appears that a representation was made by one Inamur Rahman Khan, claiming to be the national president of Muslim Kisan Union, that the foundation laying ceremony of the temple would be opposed by Muslims.
A similar report was also submitted by the deputy DM (Sambhal) to the DM (Sambhal) who, apprehending breach of peace due to opposition by a religious community to the foundation laying ceremony restrained the petitioner from making any constructions or laying the foundation of the temple without obtaining permission from the district administration.
Consequently, the petitioner could not lay the foundation stone of the temple. He filed a writ petition challenging the order of DM by which he was stopped from constructing the Kalki Dham temple.
