Legality of policy cleared by Hooda govt under lens

Sushil Manav

Tribune News Service

Sirsa, December 18

The Chief Secretary has directed revenue and local bodies departments to look into the issue of escheated lands allotted to religious organisations under a policy approved by the Hooda government in August.

The action was taken on a representation by RTI activist and whistleblower Kartar Singh who termed the policy unconstitutional and cited a Supreme Court ruling to support his claim. Kartar Singh attached a news report “Haryana clears policy for giving govt lands to religious institutions” published in these columns on August 18 and had alleged that the policy should be annulled being bad in law.

“The Haryana Cabinet policy for allotment of government land to various trusts for construction of places of worship or community centres obtains contradiction against the established law, repeatedly interpreted on parallel contours by the Supreme Court in matters such as Akhil Bhartiya Upbhogta Congress versus State of Madhya Pradesh & others AIR 2011 SC 1834, and others,” said the RTI activist.

The judgment said, “The allotment of land by the state or its agencies / instrumentalities to a body /organisations/institutions which carry the tag of caste, community or religion is not only contrary to the idea of secular democratic republic but is also fraught with grave danger of dividing the society on caste or communal lines. The allotment of land to such bodies/organisations/institutions on political consideration or by way of favouritism or nepotism or with a view to nurture the vote bank for future is constitutionally impermissible.”