1. Such controversy as has arisen in these proceedings centers around the allegation that certain orders of the High Court of Allahabad and of this Court are willfully disobeyed by the State of Uttar Pradesh. By the order dated 25.10.1991 of the Lucknow Bench of the Allahabad High Court and by a subsequent order dated 15.11.1991 made by this Court, the State of Uttar Pradesh and its authorities were restrained from putting up any permanent structures on the 2.77 acres of acquired land adjacent to the disputed structure of "Ram Janam Bhoomi Babri Masjid". There were also certain directions against demolition of structures in the area of the said disputed structure, i.e., between the Ram Janam Bhoomi - Babri Masjid structure and the 'outer wall'.
2. Then again, on 15th July, 1992 the High Court made a further order the effect of which was that the State of U.P. was restrained from putting up any construction, permanent or temporary, on the acquired land without Court's permission.
3. Though, initially, there were allegations that some structures between the Ram Janam Bhoomi - Babri Masjid and the outer wall had been demolished, however, in the course of the hearing, it was found that no such demolitions in the said area had been done.
4. Then again, there were allegations that some of the structures, though outside the disputed structure but in the acquired land, had been demolished and that such demolitions also constituted violations of the order of the Court. It is found on an interpretation of the various stay orders, that demolitions, if any, of the structures in the acquired land (beyond the 'outer wall') did not amount to violation of the orders of the Court, as the orders, properly constructed, did not interdict any such demolitions.
5. The substance of the present charge against the State of U.P. is that there are certain permanent constructions put up or permitted to be put up on the acquired land in violation of the orders of the Courts. It is also alleged that such structures, as were constructed after 15.7.1992, whatever their nature, whether permanent or temporary, violated the order dated 15.7.1992 of the Allahabad High Court.
6. There is serious controversy as to the nature, extent, magnitude and purpose of the alleged constructions carried out in the acquired land. In order that the allegations of violation of Courts' orders are understood in the proper perspective information concerning the nature, extent and purpose of the construction, existing on the acquired land as of today, becomes necessary. No agreement having been possible or likely between the parties on the nature, extent, purpose and magnitudes of the construction on the land, it becomes necessary to ascertain these facts by and through a commission issued by this Court for local investigation. Accordingly, we direct that a commission be issued for ascertaining these relevant but disputed facts respecting the structures on the acquired land.
7. Learned counsel appearing on both sides also agree that this course would indeed lessen the area of controversy as to disputed facts.
8. Separate order is being passed appointing the Commissioners and Specifying their terms of reference.