The Madras High Court expressed confidence that divine blessings will support the development of a metro station, even if temple land is acquired. The judge stated that the metro project would benefit lakhs of people and hoped that God would show kindness toward this public cause. The court emphasized that such infrastructure projects aim to serve the greater good. The statement came amid debates over using religious land for public development.
Chennai: The Madras High Court granted permission to Chennai Metro Rail Limited (CMRL) to move forward with its plan to acquire land adjacent to two Hindu temples for the construction of a metro station.
Justice N. Anand Venkatesh remarked that such a project, which could benefit millions, would surely be met with divine favor.
The court emphasized that land owned by religious institutions is not exempt from acquisition for public projects and does not receive special consideration in these cases.
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Justice Venkatesh stated,
“The law is well settled that the acquisition of lands belonging to religious institutions, in exercise of the State’s power of eminent domain, is a permissible exercise, which does not violate any of their fundamental rights under Article 25 or 26 of the Constitution.”
The Court drew inspiration from the Kerala High Court’s ruling in Balakrishna Pillai vs. Union of India, where it was noted that “for the development of the National Highway, if the religious institutions are affected, God will forgive us.”
Justice Venkatesh echoed this sentiment, stating that God would forgive the acquisition of temple land if it leads to the development of a metro station that benefits the temple’s devotees as well.
He said,
“This Court, like PV Kunhikrishnan J (Kerala High Court judge), fervently believes that the Almighty would undoubtedly shower his kindness and benevolence for the development of a metro rail station, which will benefit lakhs of people from all segments of society, some of whom may well be devotees, who visit the temple. In the words of the Kerala High Court, ‘God will forgive us. God will protect the petitioners, the authorities, and also the author of this judgment. God will be with us.’”
The CMRL initially aimed to acquire land near two temples Rathina Vinayagar Temple and Durgai Amman Temple for the metro station. This move faced opposition from temple devotees, leading the Aalayam Kaapom Foundation to file a public interest litigation (PIL) against the acquisition. In response, CMRL proposed to acquire land from the United India Insurance Company instead.
The first Bench of the High Court closed the PIL after noting CMRL’s new proposal. However, United India Insurance contested the notice for land acquisition, arguing that it was not a party to the PIL and had invested Rs.250 crores into developing its architectural marvel after obtaining a no-objection certificate (NOC) from CMRL.
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Justice Venkatesh agreed with the insurance company, stating that CMRL had violated principles of natural justice by proceeding with the acquisition without informing them.
He remarked,
“In effect, the 5th respondent (organization of temple devotees), the CMRL, and the State Authorities appear to have staged their Hamlet, without the Prince of Denmark.”
The judge emphasized that CMRL’s relocation of the acquisition was in response to the PIL, not due to public safety or convenience.
The Court observed that tearing down a recently constructed structure valued at Rs.200 crores, which had all necessary clearances, would be contrary to public interest. It noted that even if CMRL reverted to its original plan for land acquisition near the temples, it would not necessitate demolishing the temples themselves but would rather lead to temporary space constraints.
In conclusion, the Court allowed United India Insurance’s plea and quashed the land acquisition notice against its property.
Justice Venkatesh also dismissed the argument regarding the High Court judges’ inspection, citing a violation of natural justice.
He stated that CMRL is free to proceed with its original acquisition plan, adding,
“Though this is an eminently fit case to impose exemplary costs, this Court desists from doing so in the hope that the State and the (organization of temple devotees) realize the true meaning of the words of Swami Vivekananda that ‘the highest aim of religion is to unite mankind and serve humanity.’”
Advocate General P.S. Raman, along with Special Government Pleader Selvendran, represented the Tamil Nadu government and Chennai Metro Rail Limited (CMRL). Additionally, Standing Counsel B. Vijay also represented CMRL.
The Chennai Metropolitan Development Authority was represented by Standing Counsel P. Veena Suresh.
Advocate Ramamoorthy appeared on behalf of the Aalayam Kaapom Foundation.
Case Title: United India Insurance company v. State of Tamil Nadu and ors.