Church properties can’t be sold without state nod

Ravinder Sood

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Palampur, December 5

Inmates of the 107-year-old leprosy home in Palampur heaved a sigh of relief after the revenue authorities observed that church properties cannot be sold without the prior permission of the state government. All church properties spread over Kangra, Kullu, Shimla, Chamba, Solan and Sirmaur districts have availed the benefit of the HP Ceiling on Land Holding Act, 1971.

The information gathered by The Tribune revealed that the state government had granted a special exemption to all religious institutions and they had been allowed to retain land more than the permissible limit (30 acres). Therefore, they could not sell even a single inch of land without the prior permission of the government. The provisions of Section 5 (i) of the HP Ceiling on Land Holding Act, 1971, amended in 2014, prohibited such sales.

A senior officer of the state government admitted that religious institutions, including churches, had been given exemptions on the pattern of tea gardens and apple orchards to retain the excess land than the permissible limits. Therefore, they needed prior permission of the state while disposing of these properties. No sale deed could be registered without the state’s permission. If in past any such property was sold, it would be treated as illegal sale. The 107-year-old leprosy home, being run here by the Church of North India (CNI), has been housing patients for the past 40 years. The home was built, along with St Paul’s Senior Secondary School, by the Canadian Missionary. Earlier, a splinter group of Christians claiming ownership was keen to sell the leprosy home to a local resident. A news item was carried in these columns a few days ago, following which the state government swung into action and the sale was stayed. Thereafter, the revenue authorities studied the provisions of the law in depth and finally it was concluded that such properties cannot be sold without the permission of the state government.

The leprosy home was set up by the British in 1912 and remained the state property until 1947. After Independence, it was taken over by the CNI of the worldwide Anglican Communion.

Virendra Pal Singh, Principal of St Paul’s Senior Secondary School and holder of special power of attorney, said the properties were being managed by the Amritsar Dioceses Trust Association (ADTA), Church of North India (CNI). It had no intention of selling these properties and was committed to protect and safeguard the properties. It was also devoted to the service of the people of the state.

Why approval a must

Religious institutions, including churches, have been given exemptions on the pattern of tea gardens and apple orchards to retain the excess land than the permissible limits. Therefore, they need prior permission of the state while disposing of these properties. No sale deed can be registered without the state’s permission. If in past any such property is sold, it will be treated as illegal sale. 

About leprosy home

• The Palampur leprosy home was set up by the British in 1912 and remained state property until 1947. After Independence, it was taken over by the CNI of the worldwide Anglican Communion. 

• The 107-year-old leprosy home has been housing patients since the past 40 years. The home was built, along with the St Paul’s Senior Secondary School, by the Canadian Missionary.

• The home and St Paul’s Senior Secondary School are being managed by the Amritsar Dioceses Trust Association (ADTA), Church of North India (CNI).