NEW DELHI: Supreme Court on Friday refused to order status quo on alleged illegal demolition drive against properties of Muslims, including a century-old mosque, near Somnath temple, as Gujarat govt said it acted as per law to remove encroachments on govt land abutting the seashore. It said, "If we find they (govt) are in contempt of SC's Sept 17 order, we'll order status quo ante (reconstruction of the structures as they existed)."
SC: If Sept 17 order flouted, will order restoration of structures
A Muslim organisation, 'Summast Patni Muslim Jamat', through senior advocate Sanjay Hegde, alleged the demolition drive was carried out in the wee hours of Sept 28 to raze nine religious structures, including mosques, dargahs and mausoleums, along with homes of 45 caretakers.
The organisation sought initiation of contempt proceedings against IAS officer Rajesh Munjhu for carrying out the drive that was in breach of the SC's Sept 17 omnibus direction that "there shall be no demolition anywhere across the country without seeking leave of this court".
Terming the claim as "fallacious and misleading", solicitor general Tushar Mehta on behalf of Gujarat said the demolition drive was carried out strictly in accordance with law to remove encroachments on govt land abutting the Prabhas Patan seashore. He said proceedings for the removal of encroachments commenced in 2023 and personal hearing was accorded to all affected persons. "The encroached area is just 360 metres from Somnath temple and abuts the seashore, which is a water body," he said.
When Hegde repeatedly sought a stay on the demolition drive or maintenance of status quo of the existing properties, Mehta told the bench that Gujarat govt will file a detailed response to each allegation. Mehta said the petitioner has suppressed the fact that some of the affected persons had moved HC and their plea for stay on the drive was rejected after a detailed hearing.
The bench said though it had banned demolition drives, it had exempted removal of encroachments/unauthorised constructions in "any public place such as road, street, footpath abutting railway line or any river body or water bodies and also to cases where there is an order for demolition made by a court of law". The bench said, "If we find that they are in contempt of SC's Sept 17 order, we will order status quo ante (reconstruction of the structures as they existed prior to demolition)." The next hearing is on on Oct 16.
SC: If Sept 17 order flouted, will order restoration of structures
A Muslim organisation, 'Summast Patni Muslim Jamat', through senior advocate Sanjay Hegde, alleged the demolition drive was carried out in the wee hours of Sept 28 to raze nine religious structures, including mosques, dargahs and mausoleums, along with homes of 45 caretakers.
The organisation sought initiation of contempt proceedings against IAS officer Rajesh Munjhu for carrying out the drive that was in breach of the SC's Sept 17 omnibus direction that "there shall be no demolition anywhere across the country without seeking leave of this court".
Terming the claim as "fallacious and misleading", solicitor general Tushar Mehta on behalf of Gujarat said the demolition drive was carried out strictly in accordance with law to remove encroachments on govt land abutting the Prabhas Patan seashore. He said proceedings for the removal of encroachments commenced in 2023 and personal hearing was accorded to all affected persons. "The encroached area is just 360 metres from Somnath temple and abuts the seashore, which is a water body," he said.
When Hegde repeatedly sought a stay on the demolition drive or maintenance of status quo of the existing properties, Mehta told the bench that Gujarat govt will file a detailed response to each allegation. Mehta said the petitioner has suppressed the fact that some of the affected persons had moved HC and their plea for stay on the drive was rejected after a detailed hearing.
The bench said though it had banned demolition drives, it had exempted removal of encroachments/unauthorised constructions in "any public place such as road, street, footpath abutting railway line or any river body or water bodies and also to cases where there is an order for demolition made by a court of law". The bench said, "If we find that they are in contempt of SC's Sept 17 order, we will order status quo ante (reconstruction of the structures as they existed prior to demolition)." The next hearing is on on Oct 16.
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