Demolitions in Gujarat: If authorities in contempt, will send them to jail: SC

The Supreme Court on Friday said if it found that the authorities in Gujarat acted in contempt of its order on the demolition of properties, it would ask them to restore the structures.

A Bench of Justices BR Gavai and KV Viswanathan was hearing a plea seeking the initiation of contempt proceedings for alleged violation of the court's September 17 order, which had said there shall be no demolition of properties, including those accused of crimes, across the country without its permission.

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

Solicitor General Tushar Mehta, appearing for Gujarat, 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," he stated.

In its order last month, the SC 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 will we be sending them to jail but we will ask them to restore all this."

Without issuing a notice on the plea, the Bench asked Mehta to file his reply and posted the matter for hearing on October 16.