[Breaking] ‘Illegal Demolition’ of Places of Somnath Temple in Gujarat: SC Refused ‘Status Quo’ Order

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A bench comprising Justices B R Gavai and K V Viswanathan initially considered issuing such an order but ultimately decided it was unnecessary at this stage.

New Delhi: Today (On Oct 25): The Supreme Court rejected a request to maintain the status quo(to maintain the status/state of the property, or matter in question) regarding the alleged illegal demolition of Muslim places of worship and other structures in Gir Somnath, Gujarat.

A bench comprising Justices B R Gavai and K V Viswanathan initially considered issuing such an order but ultimately decided it was unnecessary at this stage.

During the hearing, senior advocate Kapil Sibal, representing a Muslim party, argued that the properties in question were on Waqf land and requested that the state government be prohibited from creating any third-party rights.

In response, Solicitor General Tushar Mehta, representing the Gujarat government, stated that there was no record of the petitioner, the Auliya-E-Deen Committee, and asserted that the land in question was government property.

The Supreme Court was addressing a contempt petition against Gujarat authorities for allegedly demolishing residential and religious structures without prior approval, despite an interim stay.

BRIEF FACTS

The petition, filed by advocate Anas Tanwir, claims that the demolition of centuries-old Muslim places of worship—such as mosques, edgars, dargahs, mausoleums, and residences of mutawallis took place on September 28 without any prior notice or opportunity for a hearing.

The petition argues that

“Haji Mangroli Shah Baba’s tomb and the adjacent graveyards have existed since the time of the State of Junagadh. The issue of their ownership and use was settled as early as 1903 through a legal resolution overseen by the Colonel J. M. Hunter Commission. This land, covering 57 acres and 1 guntha, was legally allotted to the Muslim community, recognizing its sacred status as a burial ground and religious site.”

The state action began on September 27, targeting unauthorized structures near the renowned Somnath temple to facilitate the proposed Somnath Development Project.

According to district officials, illegal constructions were erected without permission on land owned by the Shree Somnath Trust, which manages the temple and is supported by the Gujarat government.

Earlier this year, in January, Gujarat authorities launched a significant anti-encroachment drive aimed at around three hectares (7.4 acres) of illegally occupied land located behind the Somnath temple.

The Somnath temple, situated in Prabhas Patan near Veraval on the Arabian Sea coast, holds immense religious and cultural significance. It is considered the foremost of the 12 jyotirlinga shrines dedicated to Lord Shiva and serves as a major pilgrimage and tourist destination.

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author

Minakshi Bindhani

LL.M( Criminal Law)| BA.LL.B (Hons)

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