Team Blitz India
PRAYAGRAJ: The Allahabad High Court has observed that the right to construct a temple on private property is protected by Articles 25 and 26 of the Constitution and such construction cannot offend the religious sensibilities of any other community.
A Bench of Justice Salil Kumar Rai and Justice Surendra Singh said, “Mere construction of a temple by any person on his private property cannot offend the religious sensibilities of any other community.” The observation came in a 2016 matter where Congress leader Acharya Pramod Krishnam Ji Maharaj was given permission to construct Kalki Bhagwan Temple on private plots without obtaining permission from the district administration.
Land bought for temple
Acharya Pramod had bought the land with a plan to build the Kalki Dham Temple in Achora Kambo village of Sambhal district in 2016, with the laying foundation stone scheduled in November 2016. However, Inamur Rahman Khan, who claimed to be the President of the Muslim Kisan Union, objected to it, claiming the Muslims in the area did not want the construction to happen.
He approached district magistrate who passed a stay on construction. The DM stated that Acharya Pramod could not claim freedom of religion under Articles 25 and 26 of the Constitution.
No land title dispute
Acharya Pramod approached the High Court against the DM orders. In the petition, Pramod’s counsel argued that the orders by DM were based on assumptions and not evidence.
The court noted there was no dispute regarding the title of the petitioner over the land. Furthermore, the court observed, “there is no evidence that the construction would have disturbed public order or was against morality or would be inimical to public health.”
