UNION OF INDIA Vs. M ISMAIL FARUQUI

JUDGEMENT

(1.) On 7/01/1993 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 (3provided 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:

(3.) On receipt of the Presidential reference this court gave detailed directions by its order dated 27/01/1993. In that order this court pointed out that in its opinion 'it would be desirable to hear the preliminary objections at the threshold' but realising the urgency of the matter we also gave directions inviting response on the merits of the reference. Thus by the said order we indicated that we will hear the preliminary objection regarding the maintainability, competence and desirability of answering the reference first in point of time.