“Will Be In Possession Of Land Where Demolitions Took Place”: Gujarat Govt To SC

The Gujarat government on Friday has informed the Supreme Court that the land where alleged illegal demolitions of Muslim religious structures occurred in Gir Somnath will remain under its control and will not be allocated to any 3rd party.

A bench comprising Justices B.R. Gavai and K.V. Viswanathan took note of Solicitor General Tushar Mehta’s statements, indicating that no interim status quo order would be issued, as requested by the counsel for the Muslim parties. “The solicitor general states that until further orders, the possession of the land in question shall remain with the government and not be allotted to any third parties. In that view of the matter, we do not find it necessary to pass any interim order,” the bench stated.

The Supreme Court was hearing a plea against a Gujarat High Court decision that declined to impose a status quo order on the demolitions.

Additionally, the Court is addressing a separate contempt plea against Gujarat authorities for allegedly demolishing residential and religious structures without its permission, despite an interim stay. This plea seeks to initiate contempt proceedings for violating the Supreme Court’s September 17 order, which halted demolitions across the country without prior approval. This matter is set to be heard on November 11.

Senior advocate Kapil Sibal, representing the Auliya-e-Deen Committee of Junagadh, argued that structures belonging to a specific community had been demolished while nearby temples on government land were spared. He claimed that protected monuments were razed under the pretext of their proximity to the Arabian Sea.

In response, the solicitor general clarified that only structures built on encroached government land, which were not protected by law, had been demolished. The bench assured the parties that while it would not issue a status quo order, it could consider ordering restoration if necessary.

Senior advocate Huzefa Ahmadi, representing another litigant, alleged that legitimate Wakf land was targeted for demolition. He expressed concerns over the government potentially allotting the land to third parties and requested a status quo order.

The bench remarked, “Till next date, let the possession be with the government.” Following this, the solicitor general confirmed that the land would remain with the government.

On October 4, the Supreme Court cautioned authorities that it would demand restoration of demolished structures if they found any contempt of its orders. However, the bench had previously declined to impose a status quo on demolitions near the Somnath temple.

Reports indicated that on September 28, Gujarat authorities conducted a demolition drive to clear encroachments on government land near the Somnath temple, destroying both religious structures and concrete houses, which freed approximately 15 hectares of land valued at around Rs 60 crore.

On October 1, the Supreme Court reserved its verdict on various pleas alleging unlawful property demolitions across several states. The Court plans to establish pan-India guidelines on property demolitions, with the September 17 order remaining in effect until further decisions are made.

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