SC refuses status quo on demolition of ‘illegal’ mosques in Gujarat's Gir Somnath

The Supreme Court on Friday refused to order status quo on demolition of mosques, dargahs and other structures allegedly built on government land at Gir Somnath in Gujarat.

A Bench of Justice BR Gavai and Justice KV Viswanathan declined to interfere with the ongoing demolition action of the state authorities after Solicitor General Tushar Mehta pointed out on behalf of the Gujarat Government that the illegal structures stood on government land and there was nothing in the name of petitioner Auliya-E-Deen Committee.

As senior advocate Kapil Sibal, representing a Muslim party, insisted that the properties were on Waqf land and urged the top court to direct the state government not to create any third party rights, the state government said the land in question would remain with it till the next date of hearing.

The petitioners have challenged the Gujarat High Court's October 3 decision refusing to order a status quo on the demolitions of Muslim religious and residential structures in Gir Somnath.

They alleged that the government authorities were illegally demolishing religious and residential buildings, despite the September 17 order of the top court that no demolition of properties of persons accused of crimes can take place without its prior permission.

The Bench posted the matter for further hearing on November 11, when a contempt plea filed by another petitioner Summast Patni Muslim Jamaat will be taken up.

This is the second time that the Supreme Court has refused to order a status quo on the demolition of illegal structures on government land near the Somnath Temple in Gir Somnath district.

Despite repeated requests by senior counsel Sanjay Hegde on behalf of petitioner Summast Patni Muslim Jamaat, the Bench had, on October 4, refused to stay the ongoing demolitions there and had even refused to issue a notice to the government on the issue.

However, it had 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.”

Amid bulldozer action against alleged illegal houses and shops of offenders in BJP-ruled states, the Supreme Court had, on September 17, ordered that no demolition of properties of persons accused of crimes can take place without its prior permission. However, it had clarified that the order won't apply to encroachments on public roads, footpaths, railway lines and water bodies.

On October 1, the Bench had reserved its order on the issue and said it would lay down pan-India guidelines for all citizens. It had also extended the interim order passed on September 17 till the pronouncement of its verdict.

On September 28, the Gujarat Government demolished encroachments — including religious structures and concrete houses — on public land near the Somnath Temple and freed around 15 hectare of government land valued at Rs 60 crore.

Mehta had defended the anti-encroachment drive, saying that the illegal structures were abutting the sea and were around 340 metres away from the temple.