<<The destruction of a monument of political, cultural or religious
significance erected by an earlier, defeated order followed by the erection
of a new building upon its ruins was standard practice for emperors and
kings of all faiths in history. Though the pedigree of a given artefact or
architectural element could be open to doubt, India is full of monuments
which bear traces and vestiges of earlier constructions. None of this is of
any legal relevance to the religious character of a site, after the passing
Places of Worship (Special Provisions) Act 1991.

The 1991 Act says that a mosque, temple, church or any place of public
worship in existence on August 15 1947, will retain the same religious
character that it had on that day – irrespective of its history – and
cannot be changed by the courts or the government.
...
The Gyanvapi mosque in Varanasi was built upon a temple destroyed in 1669
on Aurangzeb’s orders and video surveys are hardly needed to identify Hindu
features and motifs that are part of its masonry and structure. What
matters in law is the status of the Gyanvapi mosque on August 15,1947. Its
status as a mosque and a waqf was noted by a judgment of the Allahabad high
court (AIR 1942 Allahabad 353, Din Mohammed and Ors. vs Secretary of
State). Hindutva activists cite this judgment at their own peril.

In 1935 or 1936, some Muslim individuals went to court for a declaration to
the effect that the enclosure outside the mosque was included in the
dedicated waqf. During Eid and other special prayers, the congregation
spilt over beyond the mosque into this enclosure. By its decree, the civil
court recognised that the mosque itself, the plinth underneath and some
adjacent portions were waqf but the enclosure around it was not. The issue
in appeal was the status of this enclosure – which was held to be an area
of public usage over which neither the Muslims (nor anyone else) could
claim exclusive use, by ownership or by custom.

The Allahabad high court [in 1942] confirmed the findings of the civil
court and also traced an instructive history of the administrative policy
to protect the rights of both communities as they stood, in the area of the
Gyanvapi site.
...
The Allahabad high court also declared that the enclosure around the mosque
was to be a public space. In fact, the high court records that periodic
intrusions into this space – whether by Hindus or by Muslims – were
corrected by the administration, and idols were removed from this space on
occasion.
...
EarnestRani Ahilyabai Holkar built the present Vishvanath temple in 1777.
This  is the temple that is statutorily recognised by the Uttar Pradesh
Kashi Vishvanath Temple Act 1983. In the course of upholding the vires of
this Act, the Supreme Court (in 4 SCC 606 *Shree Adi Vishveshvara vs State
of UP, 1997*) recognises that the original svayambhu jyotirlinga was
carefully removed  from the old structure and protected every time the
temple was attacked. The deity in the temple Ahilyabai built is the
statutorily recognised “jyotirlinga”, which any devotee of the Hindu faith
would be loathe to deny. These are not issues that can now be reopened.

The Constitution Bench judgment [dtd. Nov. 9 2019] in the Ayodhya case says
this:

85…….”*Section 4(1) clearly stipulates that the religious character of a
place of worship as it existed on 15 August 1947 shall be maintained as it
existed on that day. Section 4(2) specifically contemplates that all suits,
appeals and legal proceedings existing on the day of the commencement of
the Places of Worship Act, with respect to the conversion of the religious
character of a place of worship, existing on 15 August 1947, pending before
any court, tribunal or authority shall abate, and no suit, appeal or
proceeding with respect to such matter shall lie after the commencement of
the Act. The only exception in the proviso to sub-section (2) is where a
suit, appeal or proceeding is instituted on the ground that the conversion
of the religious character of a place of worship had taken place after 15
August 1947 and such an action was pending at the commencement of the
Places of Worship Act.* (emphasis original)>>

(Excerpted from: <
https://thewire.in/law/1991-places-of-worship-act-and-1942-allahabad-hc-ruling-settle-gyanvapis-status-as-a-mosque
>.)

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