Supreme Court refuses to order status quo on Gujarat demolitions, but bars third-party land allotment in Gir Somnath

The SC was hearing an appeal by the Auliya-e-Deen committee challenging the Gujarat High Court’s October 3 judgment and interim order refusing to direct a status quo on the demolitions at Prabhas Patan village near the Somnath temple last month. According to the plea, “around 9 Muslim places of worship and several graves/ qabars and other structures existing since more than a century…” were “illegally demolished” during the demolition drive.

The committee’s counsel, Senior Advocate Kapil Sibal also claimed that the authorities had spared temples situated on the land and only targeted the Islamic structures. “The reason given for demolition is that they are near the Arabian Sea and therefore, near a water body. Protected monuments were razed to the ground. Can your Lordships imagine?” Sibal contended.

Expressing doubt that the land may be transferred to a third party, Sibal referred to a 2015 order of the District Collector stating that the land on which the drive was carried out can only be utilised for government purposes.

Appearing for another petitioner, Senior Advocate Huzefa Ahmadi said he had documents of land allotment dating back to 1903 and that a registered Wakf monument was demolished. ‘They (authorities) acted in a high-handed manner. If there is allotment of changing of possession…it will become difficult to recover,” he submitted.

Countering the claims, SG Mehta produced documents that he said showed the land was in the possession of the Somnath temple trust and submitted that only those structures found illegally encroaching on public lands were removed. He also told the court the administration will act only in accordance with the District Collector’s order referred to by Sibal.

Following this, Justice Gavai said, “till next date, let the possession be with government”.

The SC will hear the matter next on November 11, besides a contempt plea filed by the Summast Patni Muslim Jamat Trust. Both pleas allege that the demolition drive violated the SC’s October 17 order pausing demolitions across the country without its permission.

The SC had on October 17 in an interim order said “there shall be no demolition anywhere across the country without seeking leave of this Court”. However, it excluded “unauthorised structure in any public place such as a road, street, footpath, abutting railway line or any river or water bodies and also to cases where there is an order for demolition made by a court of law”.