The Gujarat government informed the Supreme Court that the demolition activities in Gir Somnath were conducted as part of efforts to clear illegal encroachments. The state emphasized that the action was necessary to reclaim public land and ensure proper use of the area. This statement made in response to legal challenges questioning the legality of the demolition drives.
New Delhi: Defending its decision regarding the alleged demolition of a Dargah and other structures in Gir Somnath, the Gujarat government informed the Supreme Court that the lands in question were government-owned and located along the Arabian Sea waterfront, where encroachments removed.
The government stated,
“The removal of encroachments has been part of a continuous drive undertaken by the Revenue authorities of District Gir Somnath to ensure that valuable Government land abutting the waterfront (Arabian Sea) is freed up of encroachments.”
This statement included in an affidavit filed by the state in response to a petition from Summast Patni Musslim Jamat, which sought contempt proceedings against Gujarat authorities for allegedly violating a prior court order from September 17.
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The Union Government expressed a “wholly unconditional, unqualified, bonafide, and sincere apology” for any potential contemptuous actions or inactions in relation to the case, stating it holds the Supreme Court in the “highest regard” and did not intend to undermine its authority.
However, the Gujarat government opposed the petition from the Summast Patni Musslim Jamat, emphasizing that all demolition phases followed legal procedures to free government land from encroachments.
Responding to the petitioner’s claims, the Gujarat government argued,
“It is unfortunate that the petitioner has given a communal color to the actions of the authorities, which is far from the truth.”
The government explained that during Phase-1 of the removal drive on October 8, 2023, “26 encroachments were removed from Revenue Survey No. 1852 of Village Prabhas Patan, with 1 belonging to a Hindu community member and 25 to members of the Muslim community,” clearing 15,000 square meters of encroached government land.
The Gujarat government, in its affidavit, detailed the continued efforts to remove encroachments in Gir Somnath. It stated that in Phase 2, “174 encroachments, including temples belonging to members of the Hindu community, were removed,” while in Phase 3, “155 encroachments on public roads were cleared in Village Prabhas Patan, of which 147 belonged to Hindu community members and 8 to Muslim community members.”
The government emphasized that this was part of an ongoing initiative to “free valuable government land abutting the waterfront (Arabian Sea) of encroachments.”
The affidavit also noted that prior to the demolition on September 28-29, 2024, notices were issued to encroachers on September 5, 2024, under Section 202 of the Gujarat Land Revenue Code (GLRC). Furthermore, the government argued that the petitioner, Summast Patni Musslim Jamat, had not established its legal standing or demonstrated how it was directly affected by the demolitions.
Senior Advocate Sanjay Hegde, representing the petitioner, requested time to file a rejoinder, arguing that “the state’s only defense is that the area is near the Arabian Sea.” The Supreme Court, led by a bench of Justices BR Gavai, PK Mishra, and KV Vishwanathan, adjourned the case for three weeks. The petitioner seeks contempt proceedings against Gujarat authorities for allegedly defying the court’s September 17 order.
The Court previously declined to halt the demolitions but warned that if contempt is proven, it could send the officials involved to jail and order the restoration of the demolished structures.
On September 17, the Supreme Court ordered that no demolitions should take place across the country without prior permission from the court until the next hearing.
However, it clarified that the order would not apply to unauthorized structures located in public spaces such as roads, streets, footpaths, or near railway lines, rivers, or water bodies, or in cases where a court had already issued a demolition order.
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The petitioner, Summast Patni Muslim Jamat, accused Gujarat authorities of carrying out an illegal early morning demolition on September 28, 2024, targeting centuries-old Muslim religious sites, including mosques, eidgahs, dargahs, mausoleums, and residences of the Mutawallis. The petitioner claimed that this was done without notice or a chance for a hearing.
The petitioner argued,
“The respondents, by carrying out the said demolitions, have blatantly defied the aforementioned order, thereby lowering the majesty of the court in the eyes of the general public.”
The petition, filed by the Patni Muslim community trust of Prabhas Patan, seeks to protect religious sites of historical and spiritual importance, such as Haji Mangroli Shah Baba’s tomb, dargahs, mosques, and graveyards. These sites, revered by the local Muslim community for over a century, have been in use since the time of the state of Junagadh. The petition highlights that their ownership and usage were legally resolved as early as 1903.
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