SC Gives Petitioners Four Weeks to Respond in Gir Somnath Demolition Case.
The Supreme Court has given the petitioners four weeks to respond after the Gujarat government submitted its affidavit regarding the demolition drive in Gir Somnath district. A bench led by Justice B R Gavai and Justice K V Viswanathan was reviewing four different petitions, including one for contempt against Gujarat officials for allegedly demolishing homes and religious buildings without permission. On September 28, a demolition operation took place to clear encroachments on public land near the Somnath temple in Gujarat. During today’s hearing, Senior Advocate Huzefa Ahmadi, representing some petitioners, mentioned that the state had submitted a counter affidavit and the petitioners wanted to file a response.
Solicitor General Tushar Mehta, representing the state, noted that one of the petitions in the Supreme Court challenged an interim order from the Gujarat High Court regarding the demolition. He proposed that the bench might ask the high court to resolve the matter so the Supreme Court could have factual findings. The Solicitor General stated that the state had responded to all points in the Supreme Court. After Ahmadi requested to file the response, the bench granted four weeks for the petitioners to do so in all cases and scheduled the next hearing for six weeks later. In its affidavit, the Gujarat government defended its demolition actions, stating it was part of an ongoing effort to remove encroachments on public land.
On September 17, the Supreme Court, while reviewing different requests regarding demolitions, halted the destruction of properties, including those linked to criminal activities, without its approval. The Court stated that even one case of unlawful demolition goes against the principles of the Constitution. However, it made it clear that this order does not cover unauthorized structures on public roads, sidewalks, railway lines, or public areas like water bodies. In an affidavit submitted by the Gir Somnath District collector, the state government noted that the Supreme Court explicitly mentioned on September 17 that the stay on demolitions does not apply to encroachments on “public places” and government land.
The affidavit also clarified that “public place” includes “water bodies” according to the order from September 17, 2024. Later, on November 13, the Supreme Court issued a ruling establishing nationwide guidelines, stating that no property should be demolished without a prior showcause notice, and affected individuals must be given 15 days to reply. During the hearing on the Gujarat demolition case on October 25, the state government asserted that the land where the alleged illegal demolitions of Muslim religious sites occurred in Gir Somnath would remain under its control and not be given to any third party.
The court was reviewing a request against a Gujarat High Court decision that denied a status quo on the demolition of Muslim religious buildings. On October 4, the Supreme Court warned officials that it would require them to restore the structures if they found them disregarding its recent order against such demolitions. However, the court did not grant a status quo on the demolitions near the Somnath temple in Gujarat. On September 28, reports indicated that Gujarat authorities conducted a demolition operation to remove encroachments on government land close to the Somnath temple in Gir Somnath district. The administration stated that both religious structures and concrete homes were taken down during this operation, which cleared about 15 hectares of government land worth Rs 60 crore.
