In a groundbreaking verdict that clarifies the boundaries between religious protection and commercial activity, the Punjab and Haryana High Court has delivered a clear message: tenants cannot use religious premises as a legal shield against eviction.
The Case That Sparked the Ruling
The judgment came during the hearing of a civil revision petition filed against a Chandigarh shop owner. The tenant had been operating a commercial establishment from a property owned by the Shiromani Gurdwara Parbandhak Committee (SGPC), specifically a shop beneath a gurdwara in Sector 34-C.
When the SGPC initiated eviction proceedings, the tenant made a startling claim - that the property enjoyed protection under the Punjab Places of Religious Worship Act, 1999, and therefore couldn't be vacated through standard legal channels.
Court's Firm Rejection of Religious Immunity Claim
Justice Sanjay Vashisth delivered a firm rejection of this argument, stating unequivocally that the Religious Worship Act was never intended to protect commercial tenants operating businesses from religious properties.
The court emphasized a crucial distinction: while the Act protects the religious character of worship places, it doesn't grant immunity to commercial establishments merely because they happen to be located within religious premises.
Wider Implications for Property Management
This judgment carries significant implications for religious organizations across Punjab, Haryana, and Chandigarh:
- Religious bodies can now pursue eviction of commercial tenants through standard civil procedures
- The ruling prevents misuse of religious protection laws for commercial purposes
- It clarifies that commercial activities don't automatically gain religious protection
- Religious organizations can better manage their properties without legal hurdles
A Victory for Religious Property Rights
The court's decision represents a significant victory for religious organizations like the SGPC, which manage extensive property portfolios. It ensures that these institutions can maintain control over their properties and take necessary action against tenants who violate agreements or fail to pay rent.
This ruling sets an important legal precedent that balances religious protection with practical property management needs, ensuring that places of worship remain focused on their spiritual mission rather than becoming entangled in commercial disputes.
