New Delhi: The Supreme Court on Friday said if it finds Gujarat authorities in contempt of its order, in relation with demolition of structures, then the court will ask the authorities to restore the structures.
The matter came up before a bench comprising justices B R Gavai and K V Viswanathan. Senior advocate Sanjay Hegde, representing the petitioner Summast Patni Muslim Jamat, contended before the apex court that despite its order, the authorities in Gujarat have demolished structures.
Solicitor General Tushar Mehta, representing the Gujarat authorities, contended that the structures were abutting the sea and were around 340 metres away from the Somnath temple. Mehta said that this falls within the exception carved out by your lordships.
The bench said "If we find that they are in contempt of our order, not only we will be sending them to jail but we will ask them to restore all this." The apex court did not issue notice in the matter, however it asked Mehta to file a response. The apex court has scheduled the matter for further hearing on October 16.
The petitioner, Summast Patni Muslim Jamat, has 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".
