Ayodhya case: Plea in SC against land acquisition

New Delhi: After the Centre filed an application seeking permission for return of the excess land acquired in Ayodhya, in and around the makeshift temple of Lord Ram, a petition has been filed on Monday questioning the constitutional validity of “The Acquisition of Certain area at Ayodhya Act, 1993” on the ground that Parliament has no legislative competence to take over/acquire the property.

In a writ petition advocate Shishir Chaturvedi and seven others contended that the Centre had acquired about 67 acres of land in 1993 though such a vast extent of land was totally unconnected with the property in dispute, which is only 0.313 acres of land. This plea is likely to be heard by a five-judge Constitution Bench hearing the appeals relating to the title dispute on the 2.77 acres of Ram Janmabhoomi land.

It is not disputed that the property in question situated at Ayodhya has not been declared as ancient and historical monument by any law made by the Parliament. This property in dispute at Ayodhya is important for pilgrimage. It is a historical monument as well. The Uttar Pradesh state legislature has exclusive power to enact law on those subjects and parliament cannot encroach upon the State power to enact law.

The Hindus have right to perform “puja, arti, bhog” and other rituals at the places of worship situated near the disputed structure. The Union or the sta-tes have no power to stop “puja” and other religious activities at such places. Therefore the impugned act is ultra vires Article 25 of the constitution in so far it restricts the rights of Hindus to perform “darshan” and “puja” in the temple and and other place of worship situated in and around the disputed structure.

They pointed out that no public purpose would be served by acquiring such a large area at the cost of religious sentiments of Hindus.