A division bench comprising Chief Justice Arun Mishra and Justice N K Jain allowed construction of the Haj House in the state capital saying it is merely a facilitation centre for the Haj pilgrims and such facilities are also provided to pilgrims belonging to other religions.
"The term religion is having a wide dimension. It's not just Muslims who are being given facilities. Even for pilgrims coming to Allahabad for Kumbh, Kailsh Mansarovar etc. Facility centres are being provided at government cost. As such there is nothing bad in the allotment made at a token price of Re. 1 in year 2006 by the government," observed the court.
The order came on a PIL by Sanjay Kumar Singh challenging the allotment on the ground that the plot of land at Sanganer was a pasture land and as such could not have been alloted to the State Haj Committee.
"The land was a pasture land but the use has been converted for institutional purposes and the same has been alloted as per rule on a token money of just rupee one which is permissible as such there is nothing bad in the order of allotment," the order said.
The court was of the view that actions like allotting land for temporary haltage, making preliminary preparations for Haj, facilities for visitors who came to see off and receive Hajis is a "public cause" and cannot be termed communal or an effort to encash vote bank.
Rejecting the contentions of the petitioner, the bench directed that since the Haj house has not been constructed so far, the same may be expedited.
