New Delhi: The Supreme Court on Monday granted four weeks to the petitioners to file their stand after the Gujarat government filed its affidavit in the matter over the demolition drive in Gir Somnath district. A bench of Justices B R Gavai and K V Viswanathan was hearing four separate pleas, including a contempt petition against the Gujarat authorities for allegedly illegally demolishing residential and religious structures without its prior nod.
On September 28, a demolition drive was carried out to reportedly clear public lands of encroachments near the Somnath temple in Gujarat. During the hearing on Monday, senior advocate Huzefa Ahmadi, appearing for some petitioners, said the state had filed a counter affidavit and the petitioners sought to file a rejoinder.
Solicitor General Tushar Mehta, appearing for the state, suggested that one of the pleas filed in the apex court was against an interim order by the Gujarat High Court in a writ petition challenging the demolition. He suggested the bench may request the high court to decide the matter pending before it finally so that the apex court could have a factual finding.
The top law officer said the state has filed its reply before the top court on merits on every point. After Ahmadi sought to file the rejoinder, the bench said, "Four weeks time is granted to file rejoinder to the petitioners in all the matters. Put up after six weeks." In its affidavit filed in the apex court, the Gujarat government justified its demolition action, saying it was an ongoing drive for removing encroachments on the public land.
On September 17, the top court, while hearing separate pleas on demolition actions, stopped the demolition of properties, including of those accused of crime, without its permission, and observed even a single instance of illegal demolition was against the "ethos" of the Constitution.
The top court had, however, clarified its order did not apply to unauthorised structures on public roads, footpaths, railway lines or public places like water bodies, among others.
In an affidavit filed in the apex court by the collector of Gir Somnath District, the state government pointed out on September 17, the top court was categorical in stating that stay on demolition did not apply to encroachments on "public places" and government lands.
The affidavit further said that "public place" specifically included "water bodies" as per the order dated September 17, 2024. Thereafter, the top court on November 13 delivered a judgement laying down pan-India guidelines and said no property should be demolished without a prior showcause notice and the affected parties must be given 15 days to respond.
When the apex court was hearing the Gujarat demolition matter on October 25, the state government said the land, where the alleged illegal demolitions of Muslim religious structures took place at Gir Somnath, would remain with it and not be allotted to any third party.
The bench was hearing a plea against a Gujarat High Court order by which a status quo order on demolitions of Muslim religious structures was declined. On October 4, the top court cautioned the authorities, saying it will ask them to restore the structures if it found them acting in contempt of its recent order against such action.
The bench, however, refused to order a status quo on the demolition near the Somnath temple in Gujarat. On September 28, authorities in Gujarat reportedly carried out a demolition drive to clear encroachments on government land near the Somnath temple in Gir Somnath district.
The administration said religious structures and concrete houses were demolished during the drive that freed around 15-hectare government land valued at Rs 60 crore.
