Varanasi Road Widening – Allahabad High Court Rejects Daalmandi Petition
Varanasi Road Widening – The Allahabad High Court has dismissed a writ petition opposing the proposed road widening and beautification work in Varanasi’s Daalmandi market area. The petition had raised concerns over eviction of shop tenants and the possible impact of several old mosques located along the planned route.
Court Examines Claims of Shop Tenants
A Division Bench of Justice J.J. Munir and Justice Arun Kumar heard the matter filed by six tenants operating shops in Daalmandi. The petitioners sought protection from what they described as forced removal from their premises. They had also asked the court to prevent the use of police or security personnel during the proposed action.
The petition further requested protection for six historic mosques in the locality. The tenants argued that authorities should consider another route for the project instead of expanding the existing road alignment through the market.
Tenants Found to Have No Ownership Rights
In its judgment, the High Court said the petitioners were tenants and had not established ownership over the properties concerned. The Bench noted that the case involved tenancy-related claims, which had been linked with the separate question of religious structures in the area.
According to the court, the petition could not be sustained in its existing form because the petitioners had attempted to combine personal tenancy issues with the legal question surrounding the protection of places of worship.
No Prior Representation Made to Authorities
The Bench also pointed out that the petitioners had approached the court without first submitting a formal representation to the relevant government authorities. Such a step is generally required before seeking a writ of mandamus from the court.
The judges said the absence of a prior demand before the competent authority weakened the basis of the petition.
Religious Places Can Be Acquired for Public Purpose
While considering objections related to the six mosques, the court examined the Places of Worship (Special Provisions) Act, 1991. It held that the law protects the religious character of places of worship and prevents their conversion from one religious denomination to another.
However, the court said the Act does not bar the State from acquiring land or property for a lawful public purpose. The Bench stated that acquisition of a religious structure, when carried out under legal procedure for a public project, cannot be treated as unconstitutional.
The High Court referred to the Supreme Court ruling in Dr. M. Ismail Faruqui v. Union of India. It reiterated that temples, mosques, churches and other religious places do not enjoy complete immunity from acquisition under law.
Project Held to Be Within Legal Framework
The court observed that India’s constitutional system treats all religions equally. It said religious structures may be acquired for development or public utility projects if the process follows the law and applicable safeguards.
The Bench found that the Uttar Pradesh government and concerned departments were acting within their legal powers while pursuing the Daalmandi road widening project. It said the scheme was intended to serve public interest through improved road infrastructure and urban development.
The court also referred to the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. It noted that the law provides for compensation and rehabilitation measures for families affected by land acquisition.
Waqf Board Rights Remain Protected
Dismissing the petition, the High Court concluded that the tenants had no legal ground to seek the reliefs requested in the case. At the same time, it clarified that the ruling would not affect the rights of the concerned Waqf Board or the Mutawallis of the mosques.
The court said they would remain free to pursue appropriate remedies before the competent legal forum, if required in the future.