Ram Janmabhoomi Nyas founded on fraudulent deed: Nirmohi Akhara seeks impleadment

The Panch Ramanandi Nirmohi Akhara Ayodhya (Nirmohi Akhara) has filed an application seeking to be impleaded in the case concerning the restoration of land surrounding the dispute Babri Masjid (superfluous land) to its owners..The application has been filed in view of apprehensions that the Central Government is deliberating the release of superfluous land in which, the Nirmohi Akhara contends, it has substantial interest..In this regard, reference is made to an application filed by the government, seeking the Court’s permission to release lands other than the disputed area to the original owners. The application follows an observation made in Allahabad High Court’s 2010 judgment in the M Ismail Faruqui case that the “superfluous excess area” should be released from acquisition and returned to its earlier owners..On this observation, the Nirmohi Akhara emphasises that,.“At the present juncture, it is not known who would be the ultimately successful party and therefore it cannot at present be assessed the extent of the ‘superfluous area.'”.The Nirmohi Akhara has staked a claim in a part of the land sought to be so returned. In this backdrop, it has raised objection against the government’s apparent intention to transfer certain land to another organisation, the Ram Janmabhoomi Nyas. The Nirmohi Akhara’s application contends that this land ought to continue to be vested with the government as its trustee, given that the Akhara may require it if it can prove its claim to the same in the pending appeals before the Supreme Court..“The Central Government has more particularly referred to land allowed to one Ram Janm Bhumi Nyas. It is submitted that about 42 acres out of the 67 Acres of lands acquired vide Acquisition of Certain Lands at Ayodhya Act, 1993 was leased to the said Nyas. .It is submitted that the aforesaid land would be required by the applicant herein, one it is successful in the pending appeal, for better implementation of the outcome of the suits between the parties and to ensure that the success of the applicant remains meaningful, the lands ought not to be released from the acquisition.”.The application also contends that the Ram Janmabhomi Nyas has been established on the basis of a fraudulent deed. A suit claiming the same is pending adjudication at the Munsiff’s court in Faizabad, it is claimed..As noted in the Akhara’s application, the lands in question had originally been seized by the government through notifications issued in 1991. These notifications were set aside by the Allahabad High Court in 1992. However, in the meanwhile, it is pointed out that the state government had already demolished several temples situated in these areas, including six being managed by the Nirmohi Akhara’s representatives..The application goes on to highlight that the 1992 judgment was never challenged and had become final. As a consequence, it is contended, the properties and the demolised temples ought to have been restored as they existed prior to the acquisition. This relief is now being pressed, also in view of the fact that the government has sought permission to release the properties. The application states,.“… since the Central Government seeks permission to release the properties, the applicant submits that the government ought to also restore status quo ante i.e. require the state government to reconstruct the temples which were demolished by the State government… and which acquisition was quashed by the… High Court.”.In view of these submissions, the Akhara has prayed that it also be impleaded in the pending appeals in the Ismail Faruqui case before the Supreme Court, given that its substantial interest in the properties. .After referring the main case to a Constitution Bench earlier this year, the Supreme Court recently referred the dispute to mediation on March 8 this year, after invoking Section 89 of the Code of Civil Procedure..Following this, the Akhara had recently filed an application for issuance of additional directions to regulate the mediation proceedings. The Akhara had prayed that the mediation venue be shifted out of Faizabad to Delhi, that two more judges be appointed to the mediation panel and that any final decision taken must be subject to the approval of the Panchas involved..Read the application