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Divide Ayodhya land in 3 parts: HC

By The Assam Tribune

LUCKNOW, Sept 30 � In a much-awaited verdict, the Allahabad High Court today ruled that the 2.77 acre disputed land in Ayodhya be divided into three parts among Hindus and Muslims and held that the place where the makeshift temple of Lord Rama currently exists belongs to Hindus, reports PTI

The majority 2-1 verdict of the Lucknow bench of the court, said to be running into nearly 8,000 pages, comes after nearly 60 years of tortuous litigation over who holds the title to the disputed site. Still, the order may not be the last word and the issue may land up in the Supreme Court.

As an anxious nation awaited the court verdict in the highly-sensitive issue with lakhs of security personnel deployed in Uttar Pradesh and other sensitive places across the country, the order of Justices S U Khan, Sudhir Agarwal and D V Sharma became public just before 4.30 PM amid high drama.

The judges wrote three separate judgements but the majority verdict held that the area covered by the central dome of the three-domed structure where the idol of Lord Rama is presently situated belongs to Hindus.

Justices Khan and Agarwal said the entire disputed land should be divided into three equal parts, each to be given to Sunni Waqf Board, Nirmohi Akhara and the parties representing �Ram Lalla Virajman� (seated Baby Ram).

Perhaps for the first in judicial history, a verdict was delivered in high security with media and lawyers and parties unrelated to the case kept out of the court premises. Press briefings were arranged in the District Collectorate opposite the court premises and summary of the judgements immediately uploaded on the website.

All the three judges of the High Court were unanimous on the ownership of the place where the makeshift temple exists. However, Justice Sharma held that the entire disputed area belonged to Hindus.

�It is further declared that the portion below the central dome where at present the idol is kept in makeshift temple will be allotted to Hindus in final decree,� Justice Khan said.

�It is declared that the area covered by the central dome of the three domed structure, i.E., the disputed structure being the deity of Bhagwan Ram Janamsthan and place of birth of Lord Rama as per faith and belief of the Hindus, belong to plaintiffs (filed on behalf of Lord Ram) and shall not be obstructed or interfered in any manner by the defendants,� Justice Agarwal said.

Both Justices Khan and Agarwal were also of the view that the rest of the area be shared by Hindus, Muslims and Nirmohi Akhara.

�The area within the inner courtyard (where disputed structure stood) denoted by letters B C D L K J H G in Appendix 7 (excluding (i) above) belong to members of both the communities, i.E., Hindus (here plaintiffs, Suit-5) and Muslims since it was being used by both since decades and centuries,� Justice Agarwal said adding that a portion of outer courtyard in declared in the favour of Nirmohi Akhara.

Justice Khan said that �both the parties are declared to be joint title holders in possession of the entire premises in dispute and a preliminary decree to that effect is passed with the condition that at the time of actual partition by meets and bounds at the stage of preparation of final decree the portion beneath the Central dome where at present make shift temple stands will be allotted to the share of the Hindus�.

He also said that Nirmohi Akhara will also be alloted a share including areas of Ram Chabutara and Sita Rasoi.

However, Justice Sharma ruled that the disputed site is the birth place of Lord Ram and that the disputed building constructed by Mughal emperor Babur was built against the tenets of Islam and did not have the character of the mosque.

However, Justice Khan observed that it is further declared that the portion below the central dome where at present the idol is kept in makeshift temple will be allotted to Hindus in final decree.

He also said that Nirmohi Akhara will be allotted share including that part which is shown by the words �Ram Chabutra� and �Sita Rasoi� in the said map.

Justice Khan said even though all the three parties are declared to have one-third share each, �however, if while allotting exact portions, some minor adjustments in the share is to be made, then the same will be made and the adversely- affected party may be compensated by some portion of the adjoining land which has been acquired by the central government.�

In his gist of findings, Justice Khan said the disputed structure was constructed as mosque by or under the orders of Babar but it is not proved by direct evidence that the premises in dispute including constructed portion belonged to Babar or the person who built it.

He also said that no temple was demolished for constructing the mosque as it was built over the ruins of temple which was lying for a very long time.

In his judgement, Justice Agarwal said �it is declared that the area covered by the central dome of the three-domed structure, i.E., the disputed structure being the deity of Bhagwan Ram Janamsthan and place of birth of Lord Rama as per faith and belief of Hindus belong to plaintiffs (party on behalf of Lord Rama) and shall not be obstructed or interfered in any manner by the defendants.�

He also observed that the area within the inner courtyard excepting some portion belongs to members of both the communities, Hindus and Muslims, since it was being used by both since decades and centuries.

�It is, however, made clear that the for the purpose of share of plaintiffs (parties on behalf of Lord Rama) under this direction�, the area which is covered by central dome of the three-domed structure, shall also be included, he said.

Justice Agarwal said the area covered by structures Ram Chabutra, Sita Rasoi and Bhandar in the outer courtyard is declared in the share of Nirmohi Akhara and they shall be entitled to possession thereof, in the absence of any person with better title.

Justice Sharma said the disputed structure �was constructed by Babar, the year is not certain but it was against the tenets of Islam. Thus, it cannot have the character of a mosque.�

Differing with the other two judges, he also ruled that the disputed structure was constructed on the site of the old structure after demolition of the same. �The Archaeological Survey of India has proved that the structure was a massive Hindu religious structure,� he said.

He said �it is also established that Hindus have been worshipping the place in dispute as Janamsthan, i.E., a birth place as deity and visiting it as a sacred place of pilgrimage as of right since time immemorial.� � PTI

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Divide Ayodhya land in 3 parts: HC

LUCKNOW, Sept 30 � In a much-awaited verdict, the Allahabad High Court today ruled that the 2.77 acre disputed land in Ayodhya be divided into three parts among Hindus and Muslims and held that the place where the makeshift temple of Lord Rama currently exists belongs to Hindus, reports PTI

The majority 2-1 verdict of the Lucknow bench of the court, said to be running into nearly 8,000 pages, comes after nearly 60 years of tortuous litigation over who holds the title to the disputed site. Still, the order may not be the last word and the issue may land up in the Supreme Court.

As an anxious nation awaited the court verdict in the highly-sensitive issue with lakhs of security personnel deployed in Uttar Pradesh and other sensitive places across the country, the order of Justices S U Khan, Sudhir Agarwal and D V Sharma became public just before 4.30 PM amid high drama.

The judges wrote three separate judgements but the majority verdict held that the area covered by the central dome of the three-domed structure where the idol of Lord Rama is presently situated belongs to Hindus.

Justices Khan and Agarwal said the entire disputed land should be divided into three equal parts, each to be given to Sunni Waqf Board, Nirmohi Akhara and the parties representing �Ram Lalla Virajman� (seated Baby Ram).

Perhaps for the first in judicial history, a verdict was delivered in high security with media and lawyers and parties unrelated to the case kept out of the court premises. Press briefings were arranged in the District Collectorate opposite the court premises and summary of the judgements immediately uploaded on the website.

All the three judges of the High Court were unanimous on the ownership of the place where the makeshift temple exists. However, Justice Sharma held that the entire disputed area belonged to Hindus.

�It is further declared that the portion below the central dome where at present the idol is kept in makeshift temple will be allotted to Hindus in final decree,� Justice Khan said.

�It is declared that the area covered by the central dome of the three domed structure, i.E., the disputed structure being the deity of Bhagwan Ram Janamsthan and place of birth of Lord Rama as per faith and belief of the Hindus, belong to plaintiffs (filed on behalf of Lord Ram) and shall not be obstructed or interfered in any manner by the defendants,� Justice Agarwal said.

Both Justices Khan and Agarwal were also of the view that the rest of the area be shared by Hindus, Muslims and Nirmohi Akhara.

�The area within the inner courtyard (where disputed structure stood) denoted by letters B C D L K J H G in Appendix 7 (excluding (i) above) belong to members of both the communities, i.E., Hindus (here plaintiffs, Suit-5) and Muslims since it was being used by both since decades and centuries,� Justice Agarwal said adding that a portion of outer courtyard in declared in the favour of Nirmohi Akhara.

Justice Khan said that �both the parties are declared to be joint title holders in possession of the entire premises in dispute and a preliminary decree to that effect is passed with the condition that at the time of actual partition by meets and bounds at the stage of preparation of final decree the portion beneath the Central dome where at present make shift temple stands will be allotted to the share of the Hindus�.

He also said that Nirmohi Akhara will also be alloted a share including areas of Ram Chabutara and Sita Rasoi.

However, Justice Sharma ruled that the disputed site is the birth place of Lord Ram and that the disputed building constructed by Mughal emperor Babur was built against the tenets of Islam and did not have the character of the mosque.

However, Justice Khan observed that it is further declared that the portion below the central dome where at present the idol is kept in makeshift temple will be allotted to Hindus in final decree.

He also said that Nirmohi Akhara will be allotted share including that part which is shown by the words �Ram Chabutra� and �Sita Rasoi� in the said map.

Justice Khan said even though all the three parties are declared to have one-third share each, �however, if while allotting exact portions, some minor adjustments in the share is to be made, then the same will be made and the adversely- affected party may be compensated by some portion of the adjoining land which has been acquired by the central government.�

In his gist of findings, Justice Khan said the disputed structure was constructed as mosque by or under the orders of Babar but it is not proved by direct evidence that the premises in dispute including constructed portion belonged to Babar or the person who built it.

He also said that no temple was demolished for constructing the mosque as it was built over the ruins of temple which was lying for a very long time.

In his judgement, Justice Agarwal said �it is declared that the area covered by the central dome of the three-domed structure, i.E., the disputed structure being the deity of Bhagwan Ram Janamsthan and place of birth of Lord Rama as per faith and belief of Hindus belong to plaintiffs (party on behalf of Lord Rama) and shall not be obstructed or interfered in any manner by the defendants.�

He also observed that the area within the inner courtyard excepting some portion belongs to members of both the communities, Hindus and Muslims, since it was being used by both since decades and centuries.

�It is, however, made clear that the for the purpose of share of plaintiffs (parties on behalf of Lord Rama) under this direction�, the area which is covered by central dome of the three-domed structure, shall also be included, he said.

Justice Agarwal said the area covered by structures Ram Chabutra, Sita Rasoi and Bhandar in the outer courtyard is declared in the share of Nirmohi Akhara and they shall be entitled to possession thereof, in the absence of any person with better title.

Justice Sharma said the disputed structure �was constructed by Babar, the year is not certain but it was against the tenets of Islam. Thus, it cannot have the character of a mosque.�

Differing with the other two judges, he also ruled that the disputed structure was constructed on the site of the old structure after demolition of the same. �The Archaeological Survey of India has proved that the structure was a massive Hindu religious structure,� he said.

He said �it is also established that Hindus have been worshipping the place in dispute as Janamsthan, i.E., a birth place as deity and visiting it as a sacred place of pilgrimage as of right since time immemorial.� � PTI