Ayodhya: Same bench to hear new plea

PLEA CHALLENGING THE CONSTITUTIONAL VALIDITY OF THE CENTRE ACQUIRING THE DISPUTED SITE IN AYODHYA

NEW DELHI : The Supreme Court on Friday said a fresh petition challenging the constitutional validity of the law under which the Centre acquired the disputed Ram Janmabhoomi-babri Masjid site in Ayodhya and land around it will be heard by the five-member bench hearing the main title suit between organisations representing Hindus and Muslims.

Seven individuals, including two Lucknow-based petitioners, last week filed a petition in the top court asserting that Parliament had no legislative competence to acquire land belonging to the state. The petitioners claim to be devotees of Ram Lalla, or infant Ram.

According to the petitioners, it is the state legislature that has the power to make provisions relating to the management of local religious institutions and their affairs.

The petitioners submitted that the Acquisition of Certain Areas of Ayodhya Act, 1993 infringes on the right to religion of Hindus guaranteed and protected under the Constitution.

The central government in 1991 acquired 67 acres of land around the disputed site. The acquisition was upheld by the top court in 1994.The court ordered that status quo be maintained at the site.

Last month, the Centre moved an application in the SC seeking its approval to return the acquired land, except the 0.313 acre where a mosque stood under it was demolished in 1992 by Hindu activists, to its original owners. The Centre’s plea said the Ram Janambhoomi Nyas (a trust formed to promote the construction of a Ram Temple on the site) had sought the return of excess land acquired in 1991 to its original owners.

The seven devotees of Ram Lalla want the court to pass a restraint order against the Centre and the Uttar Pradesh government from interfering in the performance of rituals at places of worship on the land measuring 67.03 acres acquired by the central government.

It has been contended that in view of constitutional principles, the land and properties situated within Uttar Pradesh be vested with the state government, their petition said.

“As such the land and property situated at Ayodhya continued to the property of the State of Uttar Pradesh. The Union cannot take over any part of the land of the State of Uttar Pradesh including the land and property situated at Ayodhya,” reads the petition.