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1986 Supreme(SC) 144

M.N.VENKATACHALIAH, A.M.AHMADI, J.S.VERMA, G.N.RAY, S.P.BHARUCHA
UNION OF INDIAS – Appellant
Versus
M. ISMAIL FARUQUIS – Respondent


ORDER.

1. On January 7, 1993 the President of India promulgated an Ordinance to provide for the acquisition of certain area at Ayodhya specified in the schedule to the Ordinance. By Section 3 of the Ordinance, on the commencement thereof, the right, title and interest in relation to the said area stood transferred to, and vested-in, the Central Government. Section 4(3)provided that on the commencement of the Ordinance, any suit, appeal or other proceeding in respect of the right, title and interest relating to any property vested in the Central Government under Section 3, if pending before any court, tribunal or other authority, shall abate. By Section 5 the Central Government came to be empowered to take possession of the area vested in it under Section 3. Section 8 contemplated the payment of compensation to the owner or owners of the acquired property.

2. Simultaneously on the same day, the President, in exercise of power conferred under Article 143(1) of the Constitution referred the following question to this Court for its opinion:

"Whether a Hindu temple or any Hindu religious structure existed prior to the construction of the Ram Janma Bhumi-Babri Masjid (including the premises









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