The Supreme Court on Monday extended four weeks to petitioners to respond to the Gujarat government’s justification of its demolition drive near the iconic Somnath temple in Gir Somnath district. The state government had recently defended its actions, conducted on September 28, as a necessary step to clear encroachments on government land. This development came after the Gujarat government submitted a detailed affidavit outlining the legal basis for the demolitions.
Justices B R Gavai and K V Viswanathan, presiding over the case, are reviewing four separate petitions challenging the legality of the demolitions, which include both residential and religious structures. The petitions argue that the demolitions were executed without proper court approvals, potentially violating previous Supreme Court directives.
Senior Advocate Huzefa Ahmadi, representing the petitioners, requested additional time to file a rejoinder to the state’s affidavit, which the court granted. The matter is now set to be heard again in six weeks.
During the proceedings, the Gujarat government reiterated that the demolition was in line with the Supreme Court’s September 17 order, which permitted the removal of unauthorized structures from public places like water bodies but required that demolitions elsewhere should not proceed without issuing prior show-cause notices and allowing affected parties 15 days to respond.
The Supreme Court emphasized that “even a single instance of illegal demolition is against the ethos of the Constitution,” underscoring the need for adherence to due process in cases involving property destruction.
On October 25, the Gujarat government assured the court that the land cleared from the alleged illegal demolitions would remain in government possession and not be allocated to any third party. The September 28 drive reportedly cleared about 15 hectares of land valued at approximately Rs 60 crore, involving the removal of various structures, including those used for religious purposes.
Solicitor General Tushar Mehta suggested that the Supreme Court might allow the Gujarat High Court to issue a final ruling on one of the interim orders related to these demolitions, which could provide a factual basis for the Supreme Court’s further deliberations.
