The Supreme Court on Friday turned down a plea seeking permission to conduct an Urs festival at a dargah that was among the alleged encroachments removed from government land in Gujarat’s Gir Somnath district. A bench of Justices B R Gavai and A G Masih heard an application filed in a contempt case against the state authorities, accusing them of illegally demolishing the Pir Haji Mangroli Shah Dargah without requisite notice. The petitioners alleged that this was also in violation of a Supreme Court order stopping demolitions without following the due process. Appearing for the applicant Haji Mangrolisha, Senior Advocate H Syed said the dargah was an ancient protected monument and the Urs had been held there for many years but the state authorities had denied permission saying no dargah existed at the site. The counsel said the dargah existing at the site was now demolished. Stating that it was a question of their faith, he said that authorities were apprehending law and order problems and added that at least 20 people could be allowed for some time. Syed also said that the Urs only lasted for three days. Solicitor General of India Tushar Mehta, who appeared for Gujarat, said that the demolished structures also included temples that encroached on government land, and as such, there was no religious discrimination in the matter. He said that the subject land is undisputedly government land and the unauthorised constructions have to be removed. Referring to an affidavit filed by the Department of Archaeology, he denied that there was any protected monument at the site. He said that a survey was done in 2023 and it found no archaeological monument. Mehta pointed out that the state had given an undertaking to the court that the properties freed from encroachments would not be allotted to third parties and as such it was not allowed even to the Somnath Temple Trust. Syed said that there was a government notification which showed that it was a protected monument. Mehta said that no religious activities, of any religion, are being permitted on the freed land. He also pointed out that a petition against the demolitions is pending before the Gujarat High Court. In its order, the bench recalled that its previous directions restraining demolitions had, however, exempted unauthorised constructions on railway lines, public lands etc. Rejecting the application, the court added that the relief cannot be granted without hearing the main contempt matter.
