- (1.) The petitioners have approached this court by way of these petitions under Article 32 of the Constitution as public interest litigations challenging the acquisition covered by two notifications dated October 7, and October 10, 1991 made under S. 4 (1) of the Land Acquisition act, 1894 under which certain property in Faizabad close to Ram janmabhoomi-Babri Masjid Complex has been notified for acquisition for the purpose of development of pilgrimage and providing amenities to them at Ayodhya.
(2.) This litigation challenging the acquisitions has already been entertained by the Allahabad High court in its Lucknow bench and is pending disposal. As an interim measure, the High court has made an order on 25/10/1991, where the following directions have been made : (I) THE State may take possession of the notified land and may make arrangements for the purpose notified in the notifications but no structure of permanent nature shall be put up thereon although structures of temporary nature may be put up; (Ii) The taking over of possession shall be subject to further orders of the court; and (Iii) The acquired land shall not be transferred or alienated.
(3.) It appears that on 31/10/1991, some people out of the crowd that had gathered there, forcibly entered into the shrine and hoisted saffron colour flags and later pulled down some old constructions on the outer wall of the shrine (a fact which is in dispute). In the petitions, several allegations have been made and petitioners have prayed that a writ of mandamus should be issued declaring the notifications of acquisitions as ultra vires, and for appropriate directions for handing over of the property back to the owners and for passing such other orders as are considered appropriate.;