"Will Have To Restore Demolished Structures If...": Supreme Court To Gujarat

The Supreme Court on Friday cautioned authorities in Gujarat over demolitions in the state, saying if it finds that they acted in contempt of its recent order against such action, it will ask them to restore the structures.

A bench of Justices BR Gavai and KV Viswanathan was hearing a plea seeking initiation of contempt proceedings against the Gujarat authorities for alleged violation of the Supreme Court's September 17 order in which it had said there should be no demolition of properties, including those belonging to people accused of crimes, across the country without its permission.

The bench refused to pass an order of status quo on the demolition near the Somnath temple in Gujarat.

On September 28, the authorities in Gujarat carried out a demolition drive to clear encroachments on government land near the Somnath temple in Gir Somnath district.

The administration had said religious structures and concrete houses were demolished during the drive that freed around 15 hectares of government land valued at Rs 60 crore.

Senior advocate Sanjay Hegde, appearing for petitioner Summast Patni Muslim Jamat, said that despite the top court's order, the authorities in Gujarat have demolished structures.

Solicitor General Tushar Mehta, appearing for the Gujarat authorities, said the structures were abutting the sea and were around 340 metres away from the Somnath temple.

"This falls within the exception carved out by your lordships," the top law officer said.

In its order last month, the Supreme Court 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".

During the hearing on Friday, the bench observed, "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." Without issuing a notice on the plea, the bench asked Mr Mehta to file a response and posted the matter for hearing on October 16.

Senior advocate Hegde said notices issued to people there (area where demolitions were carried out) did not speak of any demolition, even though the demolition drive was conducted on September 28.

There were 45 houses, 10 mosques and five dargahs in the area spanning 57 acres, he said.

The top court had dealt with a similar matter from Assam on September 30 and besides issuing a notice on that plea, it had asked the parties to maintain the status quo, he added.

Mr Mehta said he would file a reply to the petition.

The matter pertains to government land and the proceedings started in 2023. Notices were issued by the authority concerned and a personal hearing was given to the parties, he said.

People had approached several authorities, including the Waqf Tribunal, but no interim injunction was granted, he added.

"We will not issue a notice, you file your reply," the bench told Mr Mehta.

When Mr Hegde requested the bench that the status quo be maintained, Mr Mehta said somebody had filed a petition before the Gujarat High Court for the same but it was refused.

"We have made it clear that in case we find that they are in contempt, we will direct them to restore the position as it was," the bench said, adding that its earlier order applies equally to everyone.

On October 1, the Supreme Court had reserved its verdict on a batch of pleas which alleged that properties, including belonging those accused of crime, were being demolished in several states.

The top court had said it would lay down pan-India guidelines on demolition of properties. It had said in its September 17 order that it would continue till it decides the matter. 

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