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Synopsis

The Kerala High Court has ruled that the construction of unauthorised religious structures on government land by any religious group, including Hindus, Christians, and Muslims, is prohibited, while ordering the immediate removal of temples erected on government land.

The court, presided over by Justice P.V. Kunhikrishnan, emphasised that allowing such encroachments could lead to religious disharmony within the state. The court stated “If one religion is allowed to erect its deity in a Government land, the other religions also will start to erect their religious institutions. This will only create problems, including law and order issues in the State.”

The court’s observation came on a case arising from a writ petition filed by the Plantation Corporation of Kerala. The Corporation, which leases land from the state government for plantation purposes, reported that various groups had attempted to construct religious structures such as temples and thrishuls on their leased property. These attempts had led to significant law and order issues when the Corporation tried to prevent such constructions.

The court noted that it was an admitted fact that illegal structures existed on the government land leased to the Plantation Corporation. According to a statement by the Sub Inspector of Police (6th respondent), the workers, primarily from the Hindu community, had built small temples near their accommodation, known as 'LAYAM', due to the lack of nearby worship places. These structures were described as old and easy to remove, but their removal was feared to cause law and order problems.

The court categorically rejected this justification, stating, "This is how illegal structures are emerging in the State under the guise of religious worship.” Further, the court emphasised that Kerala, known as 'God's Own Country', already has hundreds of temples, churches, and mosques. “The Government is taking steps to distribute the Government land to hundreds of landless people. Some of the land is given for plantation on lease. Such places cannot be utilised for religious purposes. It will only create religious disharmony in the State,” the court noted.

The court highlighted that, according to Hindu mythology, Lord Vishnu's incarnation as Narasimha emerged from a pillar. It emphasised that for believers of all religions, God is omnipresent—in their bodies, homes, and everywhere they go. Consequently, there is no need for believers to encroach on government land to construct religious structures. “Therefore the believers need not encroach government land to construct religious structures. Let it be distributed to landless people and used for mankind. God will be more happy in such a situation and will shower blessings to all believers,” it stated.

The court also referred to the Preamble of the Indian Constitution, stressing that India is a "SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC." It clarified that while religious freedom is guaranteed, it does not extend to encroaching upon government land for constructing religious structures.

The court, disposed of the petition with the following directives :

Identification and Eviction: The court ordered the State authorities (respondents 1 to 7) to identify the properties covered by the Plantation Corporation's lease and evict all encroachments, including illegal religious structures, within six months of receiving the judgment.

Statewide Enquiry: The Chief Secretary of Kerala has been instructed to direct all District Collectors to conduct a thorough inquiry through Tahsildars and Village Officers. They are to identify any unauthorised religious structures on government land, including stones, crosses, or other religious symbols erected by any religious group. The public is encouraged to report such structures to the District Collectors. This enquiry must be completed within six months.

Action on Findings: Once illegal religious structures are identified, the District Collectors, with the assistance of the police, must evict these structures within six months. The process should include hearings for affected parties to ensure fairness.

Report: The Registrar General of the court must receive an action taken report within one year to ensure compliance with the court's orders.

Communication of Judgment: A copy of the judgment must be forwarded to the Chief Secretary of the State to facilitate immediate action and implementation of the court's directives.

 

Cause Title: Plantation Corporation of Kerala Limited v State of  Kerala [WP(C) NO. 34919 OF 2016]