Government to SC: Return extra Ayodhya land to owners

New Delhi: In a move that is big on optics ahead of the Lok Sabha elections, the BJP-led Central government on Tuesday asked the Supreme Court to hand over 67.390 acre of “non-disputed” excess land adjacent to the Ram Janmabhoomi-Babri Masjid area to the Ram Janmabhoomi Nyas or the trust overseeing the Ram temple plan.

Seeking modification of the apex court’s 2003 order for maintaining status quo on the entire 67.7 acre land, including the disputed 2.77 acre site, the government asked the top court to carve out the exact extent of land necessary to access the disputed area and allow it to give the excess land back to the Janmabhoomi Nyas as they want to build a temple there.

In its application, the Centre also said that the entire 2.77 acre premises, within which the disputed structure stood before its demolition on December 6, 1992, cannot be termed as disputed. The Centre claimed that only 0.313 acre plot, on which the Ram Janambhoomi-Babri Masjid structure stood, is disputed.

The 33-page application, filed on Monday, showcases the BJP-led government’s commitment to the Ayodhya cause as rightwing groups intensify their campaign for a temple at what they believe is the birthplace of Lord Ram. Even if the Centre fails to get any relief from the Supreme Court, the move is likely to earn the Narendra Modi government brownie points in the run-up to the Lok Sabha polls for attempting to address concerns of rightwing groups. Union minister Prakash Javadekar said that the plea before the Supreme Court is a “legal decision” taken in sync with the BJP stand for building a Ram Mandir at the disputed site.

Mr Javadekar clarified that the government has not “touched” the disputed land at the Ram Janmabhoomi-Babri Masjid site in Ayodhya.

“Today the government has taken a very important in-principle decision to return the excess land which was acquired in 1994 to the original land owners. One of the land owners of 42 acres, out of 67 acres, is Ram Janambhoomi Nyas. The government wants to return the land to its original owners and they want to build the Ram temple there,” Mr Javadekar told

After the destruction of the Babri mosque, the then Congress government acquired 67.703 acres, including the land measuring 2.77 acres, through a legislation in 1994.

The 67.703 acre land, mainly belonging to Hindus, is vested with the Centre as its custodian under the Acquisition of Certain Area in Ayodhya Act of 1993.

Referring to the earlier order of March 31, 2003, the Union home ministry said in the application filed on Monday that instead of “confining the order of status quo to the disputed land” the Supreme Court had extended the restraining order to adjacent acquired land as well.

The Centre also referred to the Supreme Court’s verdict in the 1994 Ismail Faruqui case, saying the top court had observed that if the Centre wants to
 return the acquired land to its original owners then it may do so.

Through its petition the Narendra Modi government has asked the Supreme Court to modify its March 2003 decision in the case of Mohd. Aslam alias Bhure, who had filed a writ petition challenging some aspects of the acquisition.

In the Bhure case, in an interim order on March 14, 2002, the court had also ruled that “no religious activity of any kind by anyone either symbolic or actual including bhumipuja or shila puja, shall be permitted or allowed to take place” in 67.7 acres of the land.

The Supreme Court was to hear the Ayodhya title suit on Tuesday but the hearing was cancelled because one of the judges, Justice S.A. Bobde, was not available for medical reasons.

There is a growing pressure on the BJP-led NDA from the Sangh parivar for early construction of the temple, a highly emotive issue. The VHP, which is running a campaign for the temple, welcomed the Centre’s move, saying the step was in right direction.

If the apex court grants permission to return the excess land, sources disclosed, Nyas and other groups could initiate some construction on the non-disputed site.

The Ram mandir issue is top of the agenda of the ongoing ‘Dharam Sansad’ of saints and seers at the Kumbh in Prayagraj, which BJP president Amit Shah is also expected to visit.

The ruling BJP has been under pressure from right-wing groups, its own members as well as allies like the Shiv Sena to bring an ordinance to enable the temple construction.

Prime Minister Narendra Modi, however, said in an interview earlier this month that the government would wait for the judicial process to get over. “Let the judicial process be over. After the judicial process is over, whatever will be our responsibility as the government, we are ready to make all efforts,” he said in an interview to news agency ANI.

Alleging that the Centre’s application in the Supreme Court was aimed at appeasing the Sangh Parivar ahead of the Lok Sabha polls, the CPI(M) said it was a “devious” effort on the part of the government to “pre-empt” the decision of the Supreme Court.

Dubbing the Centre’s move as an “insidious attempt”, AIMIM’s Asaduddin Owaisi accused it of trying everything in their capacity to prevent a fair and independent adjudication of the Babri Masjid dispute.

“Threatening the judicial process like this is another (failed) attempt to save BJP from their rapidly diminishing political fortunes,” he tweeted.

Fourteen appeals have been filed in the apex court against the 2010 Allahabad high court judgment, delivered in four civil suits, that the 2.77-acre land be partitioned equally among three parties — the Sunni Waqf Board, the Nirmohi Akhara and Ram Lalla.