Govt: SC must give due consideration to plea
Dhananjay Mahapatra | TNN | Jan 30, 2019, 04:01 IST
NEW DELHI: The Centre feels that the Supreme Court would need to give due consideration to its plea seeking return of 67-odd acres in Ayodhya, except the disputed area, to the original owners and the SC has previously said the acquisition was a temporary measure taken till adjudication of the case, government sources indicated.
The Centre told the SC that while returning excess 67.39 acres to original owners, including Ram Janmabhoomi Nyas, it would ensure that “ultimate party/parties succeeding in the appeals ( for ownership of the disputed land) can get proper access to and enjoyment of rights in the disputed land”.
In 1994, the SC had upheld validity of the acquisition Act in Ismail Faruqui judgment but clarified that “acquisition of the disputed area was not meant to deprive the community found entitled to it of the same or to retain any part of the excess area which was not necessary for a proper resolution of the dispute or to effectuate the purpose of acquisition”. However, the court had ordered maintenance of status quo in the acquired area.
When attempts were made to initiate ‘bhoomi pujan’ in Ayodhya for the Ram temple, on a petition filed by Mohammed Aslam alias Bhure, the SC had on March 31, 2003, said that the fate of land acquired adjacent to the disputed area would depend on the outcome of the title suits. “Acquisition of larger extent of land is incidental to the main purpose. Thus, the two acquired lands are intrinsically connected with one another and cannot be separated at this stage of the proceedings for different treatment during interregnum,” it had said.
The Centre told the SC that while returning excess 67.39 acres to original owners, including Ram Janmabhoomi Nyas, it would ensure that “ultimate party/parties succeeding in the appeals ( for ownership of the disputed land) can get proper access to and enjoyment of rights in the disputed land”.
In 1994, the SC had upheld validity of the acquisition Act in Ismail Faruqui judgment but clarified that “acquisition of the disputed area was not meant to deprive the community found entitled to it of the same or to retain any part of the excess area which was not necessary for a proper resolution of the dispute or to effectuate the purpose of acquisition”. However, the court had ordered maintenance of status quo in the acquired area.
When attempts were made to initiate ‘bhoomi pujan’ in Ayodhya for the Ram temple, on a petition filed by Mohammed Aslam alias Bhure, the SC had on March 31, 2003, said that the fate of land acquired adjacent to the disputed area would depend on the outcome of the title suits. “Acquisition of larger extent of land is incidental to the main purpose. Thus, the two acquired lands are intrinsically connected with one another and cannot be separated at this stage of the proceedings for different treatment during interregnum,” it had said.
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