INDIA
The Akhara has alleged that the lease deed obtained by Nyas was on basis of fraud as the area was originally leased to it by the state for development of a park.
The Nirmohi Akhara, a party in the Ram Janmabhoomi-Babri Masjid title suit, has filed a plea in the Supreme Court over the Centre's move to transfer 42-acre land around the disputed site to its original owners, Ram Janmbhoomi Nyas.
The Akhara has alleged that the lease deed obtained by Nyas was on basis of fraud as the area was originally leased to it by the state for development of a park.
The recent development is significant as the mediation proceedings over the disputed Ram Janmbhoomi-Babri Masjid site measuring 0.313 acre is currently ongoing under Court's monitoring.
Once this dispute gets settled, the focus will shift to the 67.703 acres of land (inclusive of disputed site) surrounding it which the Centre acquired under Acquisition of Certain Areas of Ayodhya Act, 1993 following demolition of the dispute structure at Ayodhya.
While deciding on the validity of the Act, a Constitution bench in Mohd Aslam Bhure case on March 31, 2003 ordered status quo.
The SC bench allowed the Centre to restore land to the original owners after the legal battle over the disputed land is settled.
The Centre sought SC's permission to lift the status quo and allow them to return/restore 42 acre of the 67 acre acquired land to Ram Janmbhoomi Nyas.
The Nirmohi Akhara in its fresh application stated that the Government's move went against the SC's March 31, 2003 decision. The Akhara claimed that within the 42 acre land, several temples were situated that got destroyed during the acquisition process. These temples were managed by mahants associated with the Nirmohi Akhara and hence, besides Nyas, the Akhara too is a beneficiary of the said land.
The application further stated that the land which Centre seeks to return to Nyas was leased to the latter by the state for development of a park – Ram Katha Park and not for construction of a temple. "The said Nyas has been established on the basis of a fraudulent deed and the applicant (Akhara) has already challenged the same by way of a civil suit pending before the Court of Munsif Faizabad District in Uttar Pradesh," the Akhara said, adding that till the SC finally decides on the suit, any action of transferring the land at this stage will frustrate the objective of the 1993 Act.
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