Allahabad HC erred when it divided the disputed site into three parts: SC
New Delhi, Nov.09 (HS): Supreme Court (SC) in its judgement has ordered allotment of alternative land to Muslims for setting up of a mosque while decreeing the disputed site to deity, Ram Lala.
SC said that Allahabad HC had erred when it divided the disputed site into three parts. SC further said, Sunni Waqf board failed to make claim on adverse possession over the mosque as it remained a contested site between Hindus and Muslims.
SC further asserted that destruction of mosque in 1992 was in breach of SC order. Balance of probabilities show Hindus continued to worship uninterrupted in outer courtyard despite putting up brick wall at site, SC said further added. Muslims unable to prove they were in exclusive possession of inner courtyard, SC asserted.
The fact that Hindus continued to worship at the place was in furtherance of their belief that Ram was born in spot beneath central dome of Masjid.
SC told has directed the centre to frame scheme under which it will constitute a trust within 3 months and hand over inner and outer court to trust.
Sunni Wakf Board is to be granted 5 acres land in “suitable, prominent place in Ayodhya” as per Supreme Court direction. Nirmohi Akhara should be granted representation in trust to be constituted by Govt, SC directed further.
SC also ordered that disputed site is one composite whole because Sunni Wakf Board unable to prove adverse possession or Wakf by user. Balance of probabilities show Hindus continued to worship uninterrupted in outer courtyard despite putting up brick wall at site.
Muslims unable to prove they were in exclusive possession of inner courtyard. Entire disputed land has been given to Shri Ram Lala Virajman and statutory receiver is to be appointed, SC directed further. According to SC direction, centre will to make a trust in 3 month.
