The Supreme Court on Friday refused to stay a demolition drive in Gujarat’s Gir Somnath district, Bar and Bench reported.
The court also sought a response from the state government on a contempt petition claiming that the district authorities had illegally bulldozed Muslim religious sites and residences in the district in September, Live Law reported.
A bench of Justices BR Gavai and KV Viswanathan was hearing a plea by the Summast Patni Muslim Jamat, a trust representing the Patni Muslim community of the Prabhas Patan area near the Somnath temple.
On September 28, the authorities demolished nine mosques and shrines, and several homes in Prabhas Patan for alleged land encroachment.
Advocate Sanjay Hegde, representing the petitioners, expressed concern that the administration may build new structures on the demolition sites if the court did not order status quo.
Hegde argued that the structures in question dated back to 1309 and that the notices issued to the parties did not mention any planned demolitions.
He also contended that the administration’s actions violated the Supreme Court’s September 17 order requiring authorities across the country to take the court’s permission before carrying out any demolition, Live Law reported.
On September 17, the court passed an interim order staying demolitions without its permission till October 1. The court clarified that this directive did not apply to unauthorised constructions on public roads, footpaths, railway lines, public places or water bodies.
On Tuesday, it said that the directive would continue to apply until the case is decided. This was on a batch of pleas seeking the court’s intervention against “bulldozer action” by state governments.
Hegde also referred to the Supreme Court’s status quo order on Monday restraining the Assam government from carrying out a demolition drive in Kamrup Metropolitan district until further orders.
Solicitor General Tushar Mehta, representing the Gujarat government, argued that the demolition drive in Gir Somnath was permissible according to the exception the court had made in its September 17 order for encroachments on public spaces and land near water bodies, Live Law reported.
The land in question, Mehta noted, is government property. He said that the eviction proceedings were initiated in 2023 and that notices were issued and personal hearings granted to the affected parties. Despite approaching various authorities, including the Waqf Tribunal, the parties were not given any relief, he was quoted as saying.
“This is abutting a waterbody, namely the sea,” Mehta said. “This is 340 metres away from the Somnath temple. So after following the procedure, this action is taken. It falls within the exception carved out by your lordships.”
When Hegde urged the court to pass a status quo order, the solicitor general noted that the Gujarat High Court had issued a detailed ruling the previous day, refusing to impose a status quo on the demolitions in the area.
As Hegde persisted with his prayer, Gavai said that the September 17 order did not apply to encroachments on public places and land adjacent to water bodies. Hegde argued that the properties did not fall under the exception and expressed concern that the structures may be demolished before the next hearing.
The bench listed the matter on October 16, stating that the authorities would be liable to restore any demolished properties if they were found to be in contempt of the court’s September 17 order.
Buy an annual Scroll Membership to support independent journalism and get special benefits.
Our journalism is for everyone. But you can get special privileges by buying an annual Scroll Membership. Sign up today!