Gujarat demolitions: Supreme Court to hear plea for contempt action after 3 weeks

New Delhi: The Supreme Court on Monday said it would hear after three weeks the pleas, including a contempt petition against the Gujarat authorities for allegedly demolishing residential and religious structures in Gir Somnath district, without its prior nod.

When the matter came up before a bench of Justices B R Gavai and S V N Bhatti, it said the matter would be heard on a non-miscellaneous day, after three weeks.

One of the lawyers appearing in the matter said they filed an application for permission to conduct Urs festival from February 1 to February 3.

The counsel said Urs festival was being conducted there for hundreds of years and though they had sought police permission on January 13, they did not receive a reply.

Solicitor general Tushar Mehta, appearing for Gujarat authorities, said, "I don't know who she (lawyer) represents."

"Now, your lordships direction is that the government will continue with the land. We are continuing with the land. It is adjacent to the Somnath temple. There are several issues. It can't be decided in an IA (interlocutory application) by a non-party in an appeal against an interim order," he said.

The counsel said she was not a non-party in the matter and informed the bench that a Dargah was demolished there.

"Now," said Mehta, "there is no dargah. This is against an interim order. Now, pleadings before the high court are fully complete. The pleadings runs into some 1,700 pages. Let the high court decide it finally." The bench asked Mehta to examine the application and said it would be heard on January 31.

While hearing the matter on December 2 last year, the apex court granted four weeks to the petitioners to file their stand after the Gujarat government filed its affidavit over the demolition drive in Gir Somnath district.

On September 28 last year, a demolition drive was carried out to reportedly clear encroachments on public lands near Gujarat's Somnath temple.

On December 2, 2024, Mehta suggested that one of the pleas filed in the apex court was against an interim order of the Gujarat High Court in a writ petition challenging the demolition.

In its affidavit filed in the apex court, the Gujarat government justified its demolition action, saying it was an ongoing drive for removing encroachments on public land.

On September 17 last year, the top court, while hearing separate pleas on state action, stopped the demolition of properties, including those of persons accused of crime, without its permission. It observed even a single instance of illegal demolition was against the "ethos" of the Constitution.

The top court, however, clarified its order did not apply to unauthorised structures on public roads, footpaths, railway lines or public places like water bodies, among others.

In an affidavit filed in the apex court by the collector of Gir Somnath District, the state government said on September 17 last year, the top court clearly said that a stay on demolition did not apply to encroachments on "public places" and government lands.

The affidavit said a "public place" specifically included "water bodies" as per the order dated September 17, 2024.

The top court on November 13, 2024, delivered a judgement laying down pan-India guidelines and said no property should be demolished without a prior showcause notice and the affected parties must be given 15 days to respond.

When the apex court was hearing the Gujarat demolition matter on October 25 last year, the state government said the land -- place of the alleged illegal demolitions of religious structures took place at Gir Somnath -- would remain with it and not be allotted to any third party.

The bench was hearing a plea against a Gujarat High Court order by which a status quo on demolitions of Muslim religious structures was declined.

On October 4 last year, the top court cautioned the authorities, saying it would ask them to restore the structures if they were found acting in contempt of its order against such an action.

The bench, however, refused to order a status quo on the demolition near the Somnath temple in Gujarat.