LUCKNOW: A special bench of the Allahabad High Court on Friday allowed the Uttar Pradesh govt lake possession of the land occurred by it around Babri Mosque in Ayodhya x, but barred from putting up any permanent structure.
“The full bench of the Allahabad High Count at Lucknow consisting of Justice S.C Mathur, Justice Brijesh Kumar and Justice S.H.A Raza delivered its order on three writ petitions in a jam-packed court room, which was heavily guarded by the police from outside.
After hearing heated arguments spread over four days, the court admitted the writs and ordered for issuing notice to the Chie Minister, Kalyan Singh for filing affidavit within six weeks and allowed two weeks’ time for rejoinder.
The bench ordering the govt may take the possession of the land for the purpose no tidied in the notification issued under land acquisition act but it has been restrained from putting up any permanent structure, though structure of temporary nature may be put up.
The purpose given by the state govt for the acquisition of 2.7 acres outside the Babri Masjid structure in its two impugned. A notification is to develop tourism and provide amenities to pilgrims.
The three writ petitions were filed by Mohammed Hasim who is also petitioner in the case against unlocking of the shrine, Nirmohi Akhara managing the Ram Chabutara adjacent to the shrine building and Khalid Yusuf social worker and former president of the international social reform society Saharanpur praying for quashing, the notifications.
The admission of the writs and restrictions imposed on any permanent construction or the transfer: of the acquired land to anybody which includes the VHP sponsored Ram Janmabhoomi Trust by the court up sets the applecart of the BJP govt as well as that of the Vishwa Hindu Paris had to proceed with the temple constructions after what was claimed to be removal of all hurdles.
The legal battle against the govt, besides the Nirmohi Akhara was joined by 95yr old Mahant Bharat Dasa petitioner umber 2nd the petitioner number I being Thakur Vijay Prasad.
During the arguments on three writ petitions, the Advocate General V.K.Chaudhary contended that the govt had power to acquire land for public pure pose and public purpose also includes construction of the temple. He also quoted rulings of Calcutta High Court, Kamataka High Court and Supreme Court in support of the action taken by the govt under the Land Acquisition Act.
Article extracted from this publication >> November 1, 1991
