In a significant ruling on Tuesday, the Madras High Court ruled in favor of the Chennai Metro Rail Limited (CMRL) to proceed with the acquisition of land near two revered Hindu temples for the construction of a new metro station. The decision, delivered by Justice N. Anand Venkatesh, emphasized the public utility of the project over the religious sentiments attached to the land.
The court case, stemming from a petition by the Aalayam Kaapom Foundation representing temple devotees, challenged the acquisition near the Rathina Vinayagar Temple and Durgai Amman Temple. However, Justice Venkatesh reiterated that lands owned by religious institutions do not hold immunity from state acquisition under the government’s eminent domain powers, stating, “The law is well settled that the acquisition of lands belonging to religious institutions is a permissible exercise which does not violate any of their fundamental rights under Article 25 or 26 of the Constitution.”
Drawing inspiration from a similar verdict by the Kerala High Court in Balakrishna Pillai vs. Union of India, Justice Venkatesh remarked, “For the development of the National Highway, if the religious institutions are affected, God will forgive us.” He further expressed a belief that the development of the metro station would ultimately benefit temple devotees and the general public alike.
The initial proposal faced opposition from temple devotees, prompting an alternative site inspection by the court. The CMRL then suggested acquiring land occupied by the United India Insurance company’s headquarters instead. However, the insurance company challenged this decision, pointing out its significant investment in the property and the lack of procedural transparency.
In a twist of legal proceedings, Justice Venkatesh sided with the insurance company, citing a “gross violation of the principles of natural justice” by the CMRL and the state authorities. The judgment highlighted the inadvisability of demolishing or altering a newly constructed building that met all legal requirements, including a previously issued no-objection certificate by the CMRL itself.
The court ultimately quashed the land acquisition notice against the insurance company, allowing CMRL to revert to its original plan without demolishing the temples. The court noted that only the temples’ Gopuram (gateway) and a deity would need to be temporarily relocated during construction, with promises of restoration afterward.
Justice Venkatesh concluded the hearing by quoting Swami Vivekananda, emphasizing that “the highest aim of religion is to unite mankind and serve humanity,” urging all parties to recognize the broader benefits of the project. The case was represented by Senior Advocate Vijay Narayan for United India Insurance, with the Tamil Nadu government and CMRL represented by Advocate General PS Raman.
