2ND LD AYODHYA 3 LAST

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 AAC
PBL


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