People's
Democracy
(Weekly Organ of the Communist Party of
India (Marxist) No. 06
February 09, 2003
(Weekly Organ of the Communist Party of
India (Marxist) |
Vol.
XXVII No. 06 February 09, 2003 |
Why No Part Of The Land Can Be Handed Over
The
very
purpose
of
acquiring
the
land,
in
the
words
of
the
Supreme
Court
judgement
as
reported
in
(1994)
6
SCC
Page
360,
in
Para
49,
is
as
follows:
“…….The
justification
given
for
the
acquisition
of
the
larger
area
including
the
property
respecting
which
title
is
not
disputed,
is
that
the
same
is
necessary
to
ensure
that
the
final
outcome
of
adjudication
should
not
be
rendered
meaningless
by
the
existence
of
properties
belonging
to
Hindus
in
the
vicinity
of
the
disputed
structure,
in
case
the
Muslims
are
found
entitled
to
the
disputed
site.
This
obviously
means
that
in
the
event
of
the
Muslims
succeeding
in
the
adjudication
of
the
dispute
requiring
the
structure
to
be
handed
over
to
the
Muslim
community,
their
success
should
not
be
thwarted
by
denial
of
proper
access
to,
and
enjoyment
of
rights
in,
the
disputed
area
by
exercise
of
rights
of
ownership
of
Hindu
owners
of
the
adjacent
properties….”
Para
96
of
the
same
judgement
makes
it
clear
that
the
vesting
of
rights
of
land
adjacent
to
the
disputed
site
in
the
hands
of
the
government
of
India
is
absolute,
and
nothing
can
be
done
about
it,
till
the
dispute
is
finally
settled.
