“Gujarat Authorities Must Restore Structures If Found In Contempt Over Demolitions”: SC

The Supreme Court issued a stern warning to Gujarat authorities on Friday regarding demolition activities in the state, emphasizing that if it finds them in contempt of a recent order, it will mandate the restoration of demolished structures.

A bench comprising Justices BR Gavai and KV Viswanathan was addressing a plea for contempt proceedings against Gujarat authorities, citing an alleged violation of the Supreme Court’s September 17 order, which prohibited demolitions of properties, including those belonging to individuals accused of crimes, without prior permission.

The bench declined to impose a status quo on the demolition activities near the Somnath temple. On September 28, Gujarat authorities conducted a demolition drive to clear encroachments on government land adjacent to the temple in the Gir Somnath district.

The administration claimed the operation removed religious structures and concrete houses, freeing approximately 15 hectares of government land valued at ₹60 crore.

Senior advocate Sanjay Hegde, representing the petitioner Summast Patni Muslim Jamat, argued that the Gujarat authorities had disregarded the Supreme Court’s order by demolishing structures. Solicitor General Tushar Mehta, representing the Gujarat government, contended that the demolished buildings were situated along the coast, around 340 meters from the Somnath temple.

He argued that these actions fell within exceptions outlined by the court.

In its September order, the Supreme Court clarified that its prohibition would not apply to unauthorized structures in public places, including roads and river bodies, or where a court has issued a demolition order.

During the hearing, the bench cautioned, “If we find that they are in contempt of our order, we will not only send them to jail but also direct the restoration of all demolished properties.” The court did not issue a notice on the contempt plea but instructed Mehta to file a response, scheduling the next hearing for October 16.

Hegde pointed out that the notices issued to residents prior to the demolition did not mention any impending demolitions, despite the drive occurring on September 28. He noted that 45 houses, 10 mosques, and five dargahs were affected in an area spanning 57 acres.

The Supreme Court had previously addressed a similar situation in Assam on September 30, where it issued a notice and instructed the parties involved to maintain the status quo. Mehta committed to filing a response to the petition.

The matter revolves around government land, with proceedings initiated in 2023, during which authorities had issued notices and conducted personal hearings. Residents had sought recourse from various bodies, including the Waqf Tribunal, but no interim relief was granted.

The bench reaffirmed its stance, stating, “We have made it clear that if we find contempt, we will direct restoration.” On October 1, the Supreme Court reserved its verdict on a series of petitions alleging unlawful demolitions across states, stating it would establish pan-India guidelines on the matter.

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