synopsis
The court emphasized that it refrained from passing any judgment on the merits of the case and left all points open for consideration by the civil suit court.
The Supreme Court on Monday (August 28) disposed of a petition concerning the demolition drive initiated by the Railways to clear alleged illegal constructions on railway land near Krishna Janmabhoomi in Mathura, Uttar Pradesh. A panel of justices, including Aniruddha Bose, Sanjay Kumar, and SVN Bhatti, declared that the Railways had confirmed the completion of the anti-encroachment operation.
In response, the top court directed the petitioners to approach the trial court for suitable resolution.
While delivering their verdict, the bench stated, "The relief claimed in this petition, in our opinion, is better examined in a suit as proceedings are pending (before jurisdictional civil court). We dispose of the petition with liberty to the petitioner to apply for relief before the civil suit."
The court emphasized that it refrained from passing any judgment on the merits of the case and left all points open for consideration by the civil suit court.
The controversy arose when the Railways used bulldozers to demolish over a hundred houses near Krishna Janmabhoomi. However, the Supreme Court intervened by issuing an order on August 16 to halt the demolition drive for a period of 10 days. On August 25, the court declined to extend the interim order any further. This marked a pivotal moment in the legal proceedings surrounding the issue.
With the Supreme Court's decision to dispose of the petition, the matter is expected to shift to the jurisdictional civil court for further deliberation. The case highlights the intricate balance between alleged illegal constructions, land ownership, and religious sentiments, underscoring the complexity of legal matters involving historical and cultural sites in India.