New Delhi: The Gujarat government, justifying its decision in connection with the demolition of the dargah and other places in Gir Somnath by authorities, informed the Supreme Court the encroachments are on government lands abutting a water body, the Arabian sea.
The Gujarat government, in a written response filed in the apex court, said that while the order on September 17, 2024, and even in the proceedings that took place after the order, the apex court has been categorical in stating that the stay on demolition does not apply to encroachments on public places and government lands. The state government submitted that public places specifically included water bodies, as per order passed on September 17, 2024.
The state government said the removal of encroachments has been part of a continuous drive undertaken by the revenue authorities of District Gir Somnath to ensure that the valuable government land abutting the waterfront, the Arabian sea, is freed from encroachments.
The state government filed the affidavit in response to a petition by Summast Patni Musslim Jamat, seeking to initiate contempt proceedings against the government for willful and deliberate contravention of the order passed by the apex court on September 17.
The state government justified the demolition action initiated against dargah Mangroli Shah Baba, Eidgah, and several other structures located in Prabhas Patan, Veraval, Gir Somnath.
The state government said the removal of encroachments over government lands in village Prabhas Patan on September 28, 2024, was the fifth-phase of encroachments in the village. “All phases of demolition have taken place by following due procedure prescribed in law, so as to ensure that government lands are freed of encroachments”, said the state’s affidavit.
“It is respectfully submitted that it is unfortunate that the petitioner has given a communal colour to the work performed by respondents, which is far from the truth….”, added the affidavit.
The state said in phase-4, on August 6, 2024, 40 encroachments of hutments, all belonging to members of Hindu community, were removed from revenue survey of village Prabhas Patan. Phase-4 cleared 20,000 square meters of government land of encroachments, it added.
Today, senior advocate Sanjay Hegde, representing the petitioner, sought time to file a rejoinder and added that the state government’s only defence is that it is near the Arabian sea. A three-judge bench led by Justice B R Gavai scheduled the matter for hearing after three weeks’.
The petitioner moved the apex court seeking initiation of contempt proceedings for alleged violation of the apex court's September 17 order. The apex court had then said that there shall be no demolition of properties, including those accused of crimes, across the country without its permission.
On October 1, the apex court said that if demolition is found to be illegal then property will have to be restituted and added that it will lay down guidelines for all citizens and not for any particular community on the issue of demolition of properties.
The apex court, in an order passed on September 17, had said: "We further clarify that our order would not be applicable if there is an unauthorised structure in any public place such as road, street, footpath, abutting railway line or any river body or water bodies and also, to cases where there is an order for demolition made by a court of law".
