The Supreme Court announced on Monday that it will hear a contempt petition against the Gujarat authorities in three weeks, following allegations of unauthorized demolitions of residential and religious structures in Gir Somnath district. The plea accuses the state of proceeding with demolitions without obtaining the necessary approval from the apex court.
During the session presided over by Justices B R Gavai and S V N Bhatti, the matter was scheduled for a non-miscellaneous day, allowing for a more detailed examination of the issues presented. The case has attracted significant attention due to the sensitivity of the structures involved and the legal implications of the state’s actions.
Amidst these legal proceedings, one of the lawyers involved in the case requested permission from the court to conduct the Urs festival, a centuries-old tradition, from February 1 to February 3. The lawyer highlighted that despite seeking police permission on January 13, there had been no response, complicating the community’s plans for the festival.
Solicitor General Tushar Mehta, representing the Gujarat authorities, expressed confusion about the representation of the lawyer, emphasizing the ongoing legal proceedings over the land adjacent to the Somnath Temple. Mehta pointed out that the issue involves complex matters that should not be hastily decided through an interlocutory application by what he considered a non-party.
The debate heated up when it was disclosed that a Dargah had been demolished in the area, to which Mehta responded by stressing that the Dargah no longer exists and insisted that the matter should be resolved by the high court given the extensive pleadings involved, which span about 1,700 pages. The bench directed Mehta to examine the application and confirmed that the hearing would take place on January 31.
Previously, on December 2, 2024, the Supreme Court had given the petitioners four weeks to file their stand following an affidavit from the Gujarat government that defended its demolition actions as part of an encroachment removal drive on public land. These demolitions had initially been halted by the Supreme Court on September 17, 2024, citing constitutional concerns over illegal demolitions without proper authorization.
The state’s justification hinges on the Supreme Court’s exemption for unauthorised structures on public places such as roads, footpaths, and water bodies. However, the court has made it clear in its November 13, 2024, judgment that no property should be demolished without prior notice and an opportunity for the affected parties to respond, setting a 15-day response window.
