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The Supreme Court of India has issued a stern warning to the authorities in Gujarat regarding recent demolition drives in the state. The court has threatened to order the restoration of any structures demolished in violation of its previous orders, potentially leading to contempt of court proceedings. The case specifically revolves around demolitions near the Somnath temple, a revered Hindu pilgrimage site in Gujarat.
The controversy arose after the Gujarat authorities carried out a demolition drive on September 28, 2023, targeting encroachments on government land near the Somnath temple in Gir Somnath district. The administration claimed that the drive cleared around 15 hectares of land, valued at Rs 60 crore, by demolishing religious structures and concrete houses. However, a petition was filed in the Supreme Court, alleging that the demolitions violated a previous court order that prohibited any demolition of properties without its permission.
The Supreme Court, on September 17, 2023, had issued a nationwide order against demolition of properties, including those belonging to individuals accused of crimes, without its prior approval. The court clarified that this order would not apply to unauthorized structures in public places like roads, footpaths, or railway lines, or to cases where a court of law has already ordered demolition. However, the petitioners in the current case argued that the Gujarat authorities had disregarded this order by proceeding with the demolitions.
During the hearing on September 30, 2023, the Supreme Court expressed its displeasure at the alleged violation of its previous order. The bench, comprising Justices BR Gavai and KV Viswanathan, made it clear that if it finds evidence of contempt of court, it would not hesitate to hold the authorities responsible by sending them to jail and ordering the restoration of all demolished structures. While the court declined to issue an immediate status quo order, it directed the Gujarat authorities to file a response and adjourned the hearing to October 16, 2023.
The petitioner, represented by senior advocate Sanjay Hegde, claimed that the demolition drive was carried out without proper notice to the affected individuals. He stated that the area where the demolitions took place included 45 houses, 10 mosques, and five dargahs. In contrast, the Solicitor General Tushar Mehta, appearing for the Gujarat authorities, argued that the structures were located close to the sea and were not within the immediate vicinity of the temple. He insisted that the demolitions fall within the exception to the court's order regarding unauthorized structures in public spaces.
The Supreme Court's strong stance against the alleged disregard of its previous order highlights the importance of judicial oversight in ensuring compliance with court orders, particularly in matters involving property rights and public spaces. The outcome of the case will have significant implications for future demolition drives in Gujarat and could potentially set a precedent for nationwide enforcement of court orders related to such actions.
Source: "Will Have To Restore Demolished Structures If...": Supreme Court To Gujarat