MOHD. ASLAM @ BHURE versus UNION OF INDIA AND ORS.

MOHD. ASLAM @ BHURE versus UNION OF INDIA AND ORS.

Given the maintenance of status quo for a decade, the proximity of conclusion in title suits before the High Court, and the necessity to preserve property in its original condition, the Supreme Court held it inappropriate to disturb the current state of affairs. Thus, the interim status quo order (prohibiting religious activities or transfer/possession on acquired land) is to continue until the final disposal of the title suits.

Parties
Petitioner: Mohd. Aslam @ Bhure; Respondents: Union of India and Ors.
Jurisdiction
India
Judgment Date
31 March 2003
Procedural Posture
Writ Petition (c) No. 160 of 2002, Under Article 32 of the Constitution of India / Disposal of Writ Petition After Final Hearing
Outcome
Writ petition disposed of. Status quo to continue until disposal of title suits in High Court of Allahabad.
Legal Topics
Status Quo Orders, Ayodhya Land Dispute, Acquisition of Land, Communal Harmony, Preservation of Property Pending Litigation
Constitutional Law Property Law Public Interest Litigation Status Quo Orders Ayodhya Land Dispute Acquisition of Land Communal Harmony Preservation of Property Pending Litigation

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 5 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Mohd. Aslam @ Bhure

Petitioner

Union of India and Ors.

Respondents

Procedural Posture

Writ Petition (c) No. 160 of 2002, Under Article 32 of the Constitution of India / Disposal of Writ Petition After Final Hearing

Legal Issues

  1. 1 Whether the status quo order prohibiting religious activity and transfer of Ayodhya adjacent land under the 1993 Act should be continued until disposal of the title suits pending before the High Court.
  2. 2 Whether the interim orders passed by the Supreme Court exceeded the scope of earlier decisions, particularly M. Ismail Faruqui v. Union of India.

Ratio Decidendi

Given the maintenance of status quo for a decade, the proximity of conclusion in title suits before the High Court, and the necessity to preserve property in its original condition, the Supreme Court held it inappropriate to disturb the current state of affairs. Thus, the interim status quo order (prohibiting religious activities or transfer/possession on acquired land) is to continue until the final disposal of the title suits.

Court Disposition

Writ petition disposed of. Status quo to continue until disposal of title suits in High Court of Allahabad.

Orders

  • The interim order of 13.3.2002 as modified by order dated 14.3.2002 to be operative until disposal of the suits in the High Court of Allahabad.
  • No religious activity of any kind, including symbolic or actual, to be permitted or allowed on the acquired land.