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Allahabad High Court Rules Places of Worship Act Does Not Bar State Land Acquisition

The decision lets a Varanasi road‑widening project move forward if formal acquisition procedures are followed, with compensation required under law.

Overview

  • A Division Bench of the Allahabad High Court led by Justices J.J. Munir and Arun Kumar dismissed a writ petition on Thursday, July 2, 2026, challenging the Daalmandi road‑widening and beautification work linked to the Kashi Vishwanath Dham Corridor.
  • The court held that the Places of Worship (Special Provisions) Act, 1991 only bars conversion of a site's religious character between faiths and does not remove the State’s power to acquire religious property for bona fide public purposes.
  • The bench relied on the Supreme Court precedent in Dr M. Ismail Faruqui v. Union of India and on statutory acquisition law, noting the RFCTLARR Act, 2013 and provisions of the Waqf Act, 1995 govern process, compensation and safeguards.
  • The court found the six petitioners were tenants without title and therefore lacked standing to challenge acquisition, saying responsibility to protect registered waqf properties rests primarily with the mutawallis and the Waqf Board.
  • The order permits the project to proceed under existing acquisition law but preserves the State’s, the Waqf Board’s and mutawallis’ rights to pursue separate legal remedies in appropriate forums.