The lawyer representing the applicant mentioned that the dargah, which had been demolished by authorities, had hosted the “Urs” festival for many years. He added that the authorities had denied permission for the festival, which led to the application.
NEW DELHI: The Supreme Court on Friday (31st Jan) denied a request to allow the “Urs” festival to take place from February 1 to February 3 at a demolished dargah in Gujarat’s Gir Somnath district.
A bench consisting of Justices B R Gavai and Augustine George Masih heard arguments, including submissions from Solicitor General Tushar Mehta, representing the Gujarat government. Mehta explained that all illegal constructions on the land, including temples, had been demolished.
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Mehta further stated that no activities, including Hindu religious ceremonies, were permitted on the land, which was once occupied illegally.
The lawyer representing the applicant mentioned that the dargah, which had been demolished by authorities, had hosted the “Urs” festival for many years. He added that the authorities had denied permission for the festival, which led to the application.
The bench responded, saying that the request in the application could not be granted without a full hearing of the main matter.
On January 27, The Supreme Court announced, that it would hear pleas, including a contempt petition against Gujarat authorities for allegedly demolishing residential and religious structures in Gir Somnath district without its prior approval, in three weeks.
When the case presented before Justices B R Gavai and S V N Bhatti, the bench scheduled the hearing for a non-miscellaneous day in three weeks.
One of the lawyers involved indicated that they had filed an application seeking permission to conduct the Urs festival from February 1 to February 3. The lawyer noted that the festival has been celebrated there for centuries and mentioned that they had requested police permission on January 13, but had not received a response.
On December 2, the Supreme Court granted four weeks for the petitioners to file their response after the Gujarat government submitted an affidavit regarding the demolition drive in Gir Somnath district.
Reports indicated that a demolition drive commenced on September 28 last year to clear encroachments on public land near the Somnath temple.
On December 2, Mehta noted that one of the pleas in the Supreme Court was against an interim order from the Gujarat High Court concerning the demolition. The Gujarat government, in its affidavit, justified its actions as part of an ongoing effort to remove encroachments on public land.
In a prior ruling on September 17, the Supreme Court stopped demolitions, including those of properties belonging to individuals accused of crimes, without its permission. The court stressed that even one instance of illegal demolition contradicted the “ethos” of the Constitution.
However, it clarified that its order did not extend to unauthorized structures on public roads, footpaths, railway lines, or public places like water bodies.
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In an affidavit from the Gir Somnath District collector, the state government stated that the Supreme Court’s September 17 ruling made it clear that the stay on demolitions did not apply to encroachments on “public places” and government lands, which included water bodies.
On November 13, 2024, the Supreme Court established pan-India guidelines stating that no property should be demolished without a prior showcause notice, allowing affected parties 15 days to respond.
When the Gujarat demolition issue was last discussed on October 25, the state government confirmed that the land involved in the alleged illegal demolitions of religious structures would remain with it and not be allocated to any third party.
The bench was considering a plea against a Gujarat High Court order that declined to impose a status quo on the demolitions of Muslim religious structures. On October 4, the top court had warned authorities that it would compel them to restore demolished structures if they found them to be acting in contempt of its order against such actions.
However, the bench did not order a status quo on the demolitions near the Somnath temple in Gujarat.
CASE TITLE:
HAJI MANGROLISHA S HOUSE Versus D.D. JADEJA AND ORS., Diary No. 50311-2024
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