Kolkata, 07 October (H.S.): Offering Namaz does not mandatorily require a mosque, and no religious structure can obstruct land acquisition processes undertaken in the broader public interest. The Dum Dum Airport Authority made this crucial submission before the Calcutta High Court on Wednesday during the hearing of a petition concerning a mosque located within the airport premises.

Representing the Airport Authority, Advocate Soumendranath Mukherjee submitted before the bench, The airport is public land. Going to a mosque is not mandatory for offering Namaz; it can be offered anywhere. There are several such examples abroad.

The authority informed the court that the central government urgently requires the land in the public interest for the expansion of the airport's runway. It was further submitted that the land in question had been acquired decades ago, backed by an official notification dated February 7, 1961.

When Justice Krishna Rao inquired about the original owners of the land, Advocate Mukherjee clarified that it was acquired from local residents. He informed the court that compensation for the mosque had already been disbursed, and the affected individuals were rehabilitated in 1955. Everyone has the right to practice their religion, but they cannot demand that it be done only at a specific place. Where the question of national security is involved, the absolute rule of fundamental rights does not apply, the counsel argued.

The dispute centers around a mosque located in the Bankra area within the Dum Dum Airport complex. On July 11, the Airport Authority completely restricted entry to the mosque, prompting the current petition in the Calcutta High Court. The petitioner claims the mosque is 136 years old and that access, previously permitted through Gate Number 8 of the airport, has been arbitrarily halted.

Appearing for the petitioner, Advocate Kishore Datta argued that the Airport Authority previously facilitated the transport of 50-60 people to the mosque via bus, a practice that was abruptly discontinued. He contended that the legal acquisition of the mosque's land is still incomplete, and therefore, restricting access is unjustified.

Countering this, the Airport Authority’s counsel maintained that the restriction was not an overnight decision but a calculated step taken after hearing all stakeholders. Citing aviation and national security concerns, the authority argued against any interim relief for the petitioners. The counsel also highlighted precedents where land belonging to temples and churches was acquired for national highway construction in the larger public interest.

Representing the central government, Solicitor General Dhiraj Trivedi firmly stated, Under the Constitution, no separate privilege or exemption can be granted to a mosque during land acquisition. This mosque falls directly in the alignment of the airport's runway. A report from the Prime Minister's Office (PMO) had also clearly indicated that the airport's expansion is impossible as long as the mosque remains.

Trivedi further apprised the court that the structure does not hold 'heritage' status and that fundamental rights cannot override overarching public interest and safety requirements in public spaces.

The High Court has scheduled the next hearing in the matter for October 9.

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Hindusthan Samachar / Satya Prakash Singh