Places of Worship Act does not prevent acquisition of religious places for public purposes, says Allahabad HC
Workers demolish a part of the Mirza Karimullah Beg Mosque during road widening in the Dal Mandi area of Varanasi on Wednesday, July 1, 2026. | Photo credit: PTI
The Allahabad High Court on Thursday (July 2, 2026) ruled that the Places of Worship (Special Provisions) Act, 1991 protects the religious character of places of worship but does not prohibit the state from acquiring such properties for genuine public purposes such as road widening or infrastructure development.
The observations were made by a division bench of Justice JJ Munir and Justice Arun Kumar while dismissing a petition filed by six Muslim businessmen from the Dalmandi area of Varanasi challenging the proposed road widening project linked to the Kashi Vishwanath corridor. The proponents claimed that the project will lead to the demolition of their shops, which they say are their only means of livelihood.
The petitioners also sought a direction to stop the state from acquiring six mosques in the Dalmandi area, which include Anjuman Intezamia Masjid, Masjid Rangile Shah, Masjid Ali Raza Khan, Masjid Karimullah Baig, Masjid Nisaran and Masjid Sangamarmar, as they argued that these mosques existed before August 15, 1997, which would violate the Places of Worship Act.
The court rejected the challenge and ruled that the 1991 Act was enacted to preserve the religious identity of places of worship as they existed on August 15, 1947, by preventing their conversion from one religion to another. She said the legislation is limited to preserving the religious character of places of worship and does not limit the state’s power to acquire land for legitimate public purposes.
“…The 1991 Act prohibits the conversion of a place of worship of one religious denomination into another. It does not derogate from the power of the State to acquire any place for religious purposes for secular and public purposes like development of road or expansion of infrastructure or any similar activity,” the Bench observed.
The court also reviewed Section 51 of the Waqf Act, 1995, as amended, which permits the acquisition of waqf properties for public purposes subject to consultation with the Waqf Board and other statutory safeguards.
When rejecting the lawsuit, the court also called the demands of the petitioners, who stated that the demolition is aimed at a specific community, as “odd”.
It was further held that the petitioners, who are tenants and not mutawallis or custodians of mosques, lack standing to seek protection of religious structures. But it decided to examine the legal question because the petitioners argued strongly that the Places of Worship Act acts as a “permanent shield” against acquisition.
Clarifying the scope of its decision, the bench said its observations would not prejudice the rights of the state, the Waqf Board or the mutawallis of mosques to pursue appropriate remedies in future proceedings.
Published – 03 Jul 2026 11:58 IST