New Delhi: The Supreme Court on Friday (October 25) refused to pass any status quo order on alleged demolitions of Muslim religious structures in Gir Somnath, Gujarat after taking note of submissions made by the Gujarat Government that the land will remain with the state government and will not be allotted to any third party.
Solicitor General Tushar Mehta, who appeared for the Gujarat government, assured a bench comprising Justice BR Gavai and Justice KV Viswanathan that the land in question in Gir Somnath will not be allotted to any third party until further orders and remain with the government.
“The solicitor general states until further orders, the possession of the land in question shall remain with the government and not be allotted to any third parties. In that view of the matter, we do not find it necessary to pass any interim order,” the bench said while recording the submissions of the Gujarat government.
Apex court was hearing a fresh plea by Auliya-e-Deen Committee of Junagadh
The apex court was hearing a fresh plea filed by Auliya-e-Deen Committee of Junagadh against the Gujarat High Court order refusing to pass a status quo order on demolitions of Muslim religious structures.
Structures belonging to a particular community were subjected to demolitions: Auliya-e-Deen Committee
Senior advocate Kapil Sibal, who appeared for Auliya-e-Deen Committee, submitted that structures belonging to a particular community were subjected to demolitions, whereas the temples on the government land were not demolished and reason given by authorities is that these structures are near a water body, the Arabian sea. He further submitted that demolition of structures of a particular community amounts to contempt of top court order staying demolitions.
Only those structures that were encroaching on public lands and not protected under law were demolished: Gujarat government
Mehta opposed the submissions made by Sibal and said that only those structures that were encroaching on public lands and not protected under law were demolished.
Senior advocate Huzefa Ahmadi, who represented another petitioner, submitted that the structures on a legitimate Wakf land were demolished and urged the bench to pass a status quo order while expressing the apprehension the government allotting the land to a third party.
Mehta assured the bench that the land would remain with the government.
The bench recorded the submissions of Mehta and deferred the hearing.
Apex court is also seized of a contempt plea against Gujarat authorities for allegedly demolishing structures illegally
The apex court is also seized of a contempt plea against the authorities in Gujarat for allegedly demolishing structures illegally in Somnath in violation of the apex court’s September 17 order, which put an interim stay on demolition of properties without its permission.
Apex court earlier put an interim stay on demolition of properties without its permission
The apex court, while hearing a bunch of pleas against demolition of properties, including properties of accused of crimes, had said that it would frame pan-India guidelines on the demolition of properties had on September 17 put an interim stay on demolition of properties, including properties of accused of crimes, without its permission. The top court, however, had clarified that its order will not be applicable to unauthorised structures on public roads, public spaces, footpaths etc.
The apex court on October 1 reserved its verdict on pleas against demolition and said that its September 17 order will continue till its decision on the matter.
