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1997 DIGILAW 1080 (SC)

Rama Janma Bhumi Nyas v. U. O. I.

1997-07-21

B.N.KIRPAL, J.S.VERMA

body1997
JUDGMENT : 1. We find no merit in this writ petition. We are unable to accept the construction made by the learned counsel for the petitioner of the majority opinion in Ismail Faruqui v. UOI (1994) 6 SCC 360 for the purpose of contending that conclusion No. 9 contained in para 96 of that opinion indicates that the stand taken by the Central Government in annexure. IV dated 14th August, 1996 at page 34 of the paper book is contrary to that decision. We have no doubt that the stand of the Central Government contained in annexure IV dated 14th August, 1996 is based on a correct reading of the majority opinion particularly conclusion No. 9 contained in para 96 thereof. There is, therefore, no ground to entertain the writ petition. It is, accordingly, dismissed. ANNEXURE - IV No. N. 71013/25/96-Ay.1 GOVERNMENT OF INDIA (BHARAT SARKAR) MINISTRY OF HOME AFFAIRS (GRIH MANTRALAYA) ******** NORTH BLOCK, NEW DELHI DATED 14th AUG., 1996 To Shri Ashok Singhal, Managing Trustee, Sree Ram. Janma Bhoomi Nyas, Sector VI, R.K. Puram, NEW DELHI - 110 022. Subject :-Demand for restoration of the surplus 'Area' acquired under the Acquisition of Certain Area at Ayodhya Act, 1993 (No. 33 of 1993). *** Sir, I am directed to refer to your letter dated the 6th June, 1996 on the subject noted above and to say that the request of Shri Ram Janma Bhoomi Nyas has been carefully considered in the light of the Supreme Court Judgement dated 24th October, 1994 in the case of Dr. M. Ismail Faruqui v. Union of India. We regret our inability to accede to your request to restore the properties in questions to the Nyas at this stage and it could be considered only after the suits relating to the "disputed area are adjudicated by the Allahabad High Court. 2. As regards your request for payment of compensation, a Claims Commissioner has already been appointed under the Acquisition of Certain Area at Ayodhya Act, 1993 and it is for him to decide the quantum of compensation, if a claim to this effect has already been filed by the Nyas in time. Yours faithfully, Sd/- (J.D. VERMA) DIRECTOR (AYODHYA)