The Supreme Court has given petitioners in the Gujarat demolition case four weeks to respond to the state’s affidavit defending its actions. The Gujarat government’s demolition drive on September 28 aimed to clear encroachments near the Somnath temple. The court emphasized the need for prior notifications before demolitions, scheduling further hearings after six weeks.
New Delhi: The Supreme Court on Monday (Dec 2nd) granted “four weeks to the petitioners to file their stand” after the Gujarat government submitted its affidavit defending its controversial demolition drive in Gir Somnath district. The drive, conducted on September 28, aimed to clear alleged encroachments on government land near the iconic Somnath temple.
A bench of Justices B R Gavai and K V Viswanathan is hearing four separate petitions, including a contempt plea against Gujarat authorities for allegedly demolishing residential and religious structures without obtaining the court’s prior approval.
Senior advocate Huzefa Ahmadi, representing the petitioners, informed the court that the state had filed a detailed counter affidavit, necessitating a rejoinder from the petitioners. The bench allowed “four weeks to file rejoinder to the petitioners in all the matters” and scheduled the case for a hearing after six weeks.
In its affidavit, the Gujarat government justified the demolition as part of an ongoing drive to remove encroachments from public land. The collector of Gir Somnath district emphasized that the demolitions complied with the Supreme Court’s September 17 order, which explicitly excluded unauthorised structures on public places, such as water bodies, from its stay on demolitions.
During the September 17 hearing, the apex court ruled that “even a single instance of illegal demolition is against the ethos of the Constitution.” It directed that demolitions must not proceed without prior show-cause notices and that affected parties should receive 15 days to respond.
On October 25, when the court reviewed the Gujarat matter, the state assured that the land involved in the alleged illegal demolitions of Muslim religious structures would remain with the government and not be allocated to any third party.
The court had earlier declined to order a status quo on the demolitions near the Somnath temple but warned authorities that they would be required to restore the structures if found in contempt of its earlier directives.
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The September 28 drive cleared approximately 15 hectares of government land valued at Rs 60 crore. The administration stated that both religious structures and concrete houses were demolished during the operation.
Solicitor General Tushar Mehta noted that one plea before the Supreme Court challenges an interim Gujarat High Court order declining to impose a status quo on the demolitions. Mehta suggested that the apex court could allow the High Court to deliver a final verdict on the matter, which would provide a factual foundation for further proceedings.
The Supreme Court will revisit the issue after petitioners submit their rejoinders, setting the stage for a significant ruling on the interplay of public land rights and constitutional protections against arbitrary demolitions.
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