SC Defers Hearing On Contempt Plea Against State Authorities

The Supreme Court has postponed the hearing on a contempt plea against Gujarat authorities for allegedly demolishing residential and religious structures despite an interim stay and without prior approval.

A bench comprising Justices B.R. Gavai, P.K. Mishra, and K.V. Viswanathan scheduled the hearing for three weeks later.

The plea accuses state authorities of violating the Supreme Court’s September 17 order, which prohibits the demolition of properties especially those associated with criminal accusations without the court’s permission.

At the start of the hearing, a lawyer requested a pass-over for the solicitor general representing the state authorities.

Senior lawyer Sanjay Hegde, who is representing the petitioner, noted that the state had filed a response and expressed his intent to submit rejoinder submissions. He questioned why the authorities did not seek permission from the court before demolishing the structures, particularly since they claimed the demolished site was near the Arabian Sea.

On October 4, the Supreme Court had warned the authorities that it would order the restoration of the demolished structures if it determined that they acted in contempt of its recent order.

However, the bench declined to issue a status quo order regarding the demolitions near the Somnath temple in Gujarat.

On September 28, Gujarat authorities conducted a demolition drive aimed at clearing encroachments on government land near the Somnath temple in Gir Somnath district.

The administration reported that religious structures and concrete houses were razed during the operation, freeing approximately 15 hectares of government land valued at around ₹60 crore.

On October 1, the Supreme Court reserved its judgment on a series of pleas alleging that properties, including those of individuals accused of crimes, were being demolished in various states. The court indicated that it would establish pan-India guidelines governing property demolitions, stating that its September 17 order would remain in effect until the matter is resolved.

As the case develops, the Supreme Court’s scrutiny underscores the critical balance between enforcement actions and legal protections against arbitrary demolition practices.

The upcoming hearing is anticipated to clarify the legal framework surrounding such demolitions and the responsibilities of state authorities.

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