October 1, 2010 2:30 PM

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Allahabad High Court orders three way division of disputed land at Ayodhya

The Lucknow Bench of Allahabad High Court has ruled by a majority verdict that the disputed land in Ayodhya be divided into three parts and given to Sunni Waqf Board, Nirmohi Akhara and the party representing Ram Lala Virajman. In their separate judgements on the sensitive 60-year old title dispute on Ramjanambhoomi-Babri Masjid structure, Justices S U Khan and Sudhir Agarwal said that the area under the central dome of the three-domed structure where Lord Ram's idol exists belongs to Hindus.The majority in the three-judge Lucknow bench also ruled that status quo should be maintained at the disputed place for three months, unless the order is modified or vacated earlier.Justices Khan and Agarwal decreed that the 2.7 acre land comprising the disputed site should be divided into three parts. However, the third judge Justice D V Sharma ruled that that the disputed site is the birth place of Lord Ram. He also observed that the disputed building constructed by Mughal emperor Babur was built against the tenets of Islam and did not have the character of the mosque.Justice Khan said all the three sets of parties – Muslims, Hindus and Nirmohi Akhara – are declared joint title holders of the property and premises in dispute. A preliminary decree to this effect is passed. However, the judge observed 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 map. Justice Khan said, even though all the three parties are declared to have a share each, while allotting exact portions, some minor adjustments in the share is to be made.Justice Agarwal made clear that the share of Muslim parties shall not be less than one-third of the total area of the premises and if necessary, it may be given some area of outer courtyard. He also made it clear if some minor adjustments are to be made on sharing by different parties, the affected party may be compensated by allotting the requisite land from the area which is under acquisition of the Government of India.He said, the open area within the outer courtyard shall be shared by Nirmohi Akhara and the party for Lord Ram since it has generally been used by the Hindu people for worship at both places.In his findings on issues, Justice agarwal said the parties of the Muslim side have failed to prove that the property in dispute was constructed by Babar in 1528 AD.

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