The amendment brought by the Kerala Government giving power to local self government authorities in connection with permission for construction of religious places was challenged before the High Court of Kerala. Though the Court initially stayed the operation of the amendment, after final hearing the court upheld the amendment.
Manual of Guidelines to Prevent and Control Disturbances and to Promote Communal Harmony 2005 is the relevant legal provision dealing with the construction of religious places-inter alia with among other general guidelines.
The relevant portion prior to amendment read so:-
23: “Any construction of religious place should be made only with prior approval of the District authorities and at the ear-marked place. Cases of construction of unauthorized religious places should be dealt with severely under existing laws. Negligence on the part of the District Administration in implementing this direction should be seriously viewed and guilty dealt with.
23 a (i): Renovation existing places of worship can be undertaken after informing the matter to the District Administration. However, any addition or expansion to the existing structure should be done only with the previous permission and concurrence of the District Administration. This addition or expansion should not in any way cause any in convenience to the public, should not obstruct traffic, should not be an impediment to the future expansion of roads and other public amenities. Any addition or expansion can be undertaken only with observing the building rules and with the prior permission of Town Planning Department of Local Self Government, as the case may be.
(ii) Any new construction of a place of worship shall be done only with the clearance of the District Administration. Any religious activities come around a newly established places of worship should not precipitate communal tension or law and order situation. Before sanctioning request for construction of new places of religious worship, the District Administration should ensure this. In such cases, the District Administration may take recourse to shift the places of worship after arriving at a consensus with the parties concerned. “
The Kerala Government issued directions in G.O (P) No.19/2021 / Home dated 14/02/2021, that as per the amendment brought in, the respective Local Self - Government Institutions could grant building permit for the religious institutions.
Government of Kerala vide order (G.O (P) No. 19/2021 / Home dated 14/02/2021) amending paragraph 23 of Manual of Guidelines.
It read as follows-
"In the G.O. read as 3rd paper above, a Manual of Guidelines to prevent and control communal Disturbances and to promote Communal Harmony was re - issued by the Government. Now Government are pleased to amend the Manual of Guidelines with modification in Para 23 as detailed below:
"23. Any construction of religious place should be made only with prior approval of the concerned Local Self Government Authority and at the earmarked place. Cases of construction of unauthorised religious places should be dealt with severely under existing laws. Negligence on the part of the Local Self Government Authorities in implementing this direction should be seriously viewed and the guilty dealt with.
23. (a)(i) Renovation of existing places of worship can be undertaken after informing the matter to the concerned Local Self Government Authority. Any addition or expansion to the existing structure should be done only with the previous permission and concurrence of the Local Self Government Authority. This addition or expansion should not in any way cause any inconvenience to the public, should not obstruct traffic, should not be an impediment to the future expansion of roads and other public amenities. Any addition or expansion can be undertaken only with observing the building rules and with the prior permission of Town Planning Department or Local Self Government, as the case may be;
(ii) Any new construction of a place of worship shall be done only with the clearance of the concerned Local Self Government Authority. Any religious activities centered around a newly established places of worship should not precipitate communal tension or law and order situation. Before sanctioning requests for construction of new places of religious worship, the Local Self Government Authorities should ensure this. In such cases the Local Self Government Authorities may take recourse to shift the places of worship after arriving at a consensus with the parties concerned.
The Manual of Guidelines to prevent and control communal Disturbances and to promote Communal Harmony shall stand modified to the above extent."
