The division bench of Chief Justice T.S. Sivagnanam and Justice Hiranmay Bhattacharya observed that since the allotment of a portion of the waterbody was done under the provisions of the West Bengal Land Reforms Act, 1955, the petition objecting the same was not tenable.
The petitioner had contended that since the waterbody was attached to a temple where prayers and rituals are carried out since 1933, its allotment to a private body might hinder the process of worship by the villagers there.
The division bench observed that all faiths have the right to offer prayers and carry out rituals in a public area which belongs to all religions. However, the division bench kept the option open for the petitioners to challenge the order of the Block Land & Land Reforms Officer passed under the West Bengal Land Reforms Act, 1955.
However, the private body to whom it was allotted argued in the court that it was more of a “political interest litigation”, where the petitioners allegedly tried to give “communal” colours to the matter.
They also argued that they have no intention to either fill-up the waterbody or cause hindrances towards people offering prayers.
The division bench also took exception to the petitioner’s approach of giving religious twist to the matter and asked them to refrain from attempting to create communal tension.
“If there is so much tension in the area, we will impose Section 144 and allow none to step in the area,” the bench said.
–IANS
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