The Supreme Court on Friday rejected a plea to hold the “Urs” festival from February 1 to February 3 at a dargah (Muslim shrine) in Gujarat’s Gir Somnath district, which was demolished as part of a government drive to remove unauthorized constructions.
The bench, comprising Justices B R Gavai and Augustine George Masih, heard submissions from Solicitor General Tushar Mehta, who represented the Gujarat authorities. Mehta argued that the demolition was part of a broader effort to clear encroachments on government land, including unauthorized religious structures, and that no activities—religious or otherwise—were permitted on such land.
The applicant’s counsel contended that the Urs festival had been held at the site of the razed dargah for many years and expressed disappointment when the authorities denied permission for the event on January 30.
In response, the counsel suggested that a small group of 20 people could perform the rituals without causing disruption.
The lawyer further claimed that the dargah was a structure built before 1299 AD and was a protected monument.
However, the bench questioned whether any structure remained on the site, to which the counsel replied that the dargah had been demolished.
Mehta countered by reiterating that the demolition had been carried out across all religions, with unauthorized structures removed regardless of their nature.
The bench, after hearing both sides, noted that the land in question belonged to the government and that no religious functions should be allowed there. It ultimately rejected the applicant’s request, stating that the matter could not be decided without addressing the main issue first.
The bench also took note of the fact that the Gujarat authorities had undertaken a demolition drive in the region to clear encroachments near the Somnath temple.
The Gujarat government defended its actions, saying the demolitions were part of an ongoing effort to remove illegal encroachments from public land.
The court previously intervened in the matter on January 27, stating it would hear petitions, including one for contempt against the Gujarat authorities, after three weeks. These petitions alleged that the demolitions had taken place without the Court’s prior approval.
On September 28, 2024, the state carried out the demolition to clear encroachments near the Somnath temple, which the Gujarat government justified as part of its drive to remove encroachments.
In its affidavit to the Supreme Court, the state government had affirmed its actions were in line with an ongoing initiative to clear illegal structures. On October 25, 2024, during hearings on the Gujarat demolition issue, the state government clarified that it would retain custody over the land cleared during the demolition drive and would not allot it to any third parties.
Additionally, the Supreme Court had issued several orders on demolitions in the country. On September 17, 2024, the Court had stopped demolitions of properties, including those owned by accused criminals, unless approved by the Court. It clarified that this order did not apply to unauthorized constructions on public roads, footpaths, railway lines, or water bodies.
Later, on November 13, 2024, the Court set guidelines mandating that no property should be demolished without a prior showcause notice and a 15-day window for the affected parties to respond.
In the ongoing Gujarat matter, the Court had also cautioned authorities about the need to comply with its orders, suggesting that it could direct the restoration of demolished structures if it found any instances of contempt.
Despite this, the bench declined to issue a status quo order on demolitions near the Somnath temple.
