SC refuses to order status quo on demolition of illegal structures in Somnath
The Supreme Court on Friday refused to order status quo on demolition of illegal structures on government land near the Somnath Temple in Gir Somnath district of Gujarat.
Despite repeated requests made by senior counsel Sanjay Hegde on behalf of petitioner Summast Patni Muslim Jamaat, a Bench of Justice BR Gavai and KV Justice Viswanathan chose not to issue notice to the Gujarat Government.
However, it asked Solicitor General Tushar Mehta, representing the Gujarat Government to file the state’s reply to the petition and posted the matter for hearing on October 16.
Hegde said there were 45 houses, 10 mosques and five dargahs 57 acres of land. Stating that in a similar matter from Assam the top court had ordered status quo and issued a notice to the state government on September 30, he sought parity.
As Hegde said despite the top court’s order, the authorities in Gujarat have demolished structures and they would change the status quo, 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.”
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 that it will lay down pan-India guidelines for all citizens. It had also extended the interim order passed on September 17 till pronouncement of its verdict.
On September 28, Gujarat Government authorities demolished encroachments – including religious structures and concrete houses—on public land near the Somnath temple in Gir Somnath district and freed around 15 hectares of government land valued at Rs 60 crore.
Mehta defended the anti-encroachment drive saying the illegal 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 told the Bench.
The Solicitor General said the proceedings started in 2023; notices were issued by the authority concerned and personal hearings were given to the parties who had approached several authorities, including the Wakf Tribunal, but no interim injunction was granted.
