The Supreme Court of India on Monday granted petitioners four weeks to respond after the Gujarat government submitted an affidavit concerning the controversial demolition drive in Gir Somnath district.
A bench comprising Justices B.R. Gavai and K.V. Viswanathan heard four petitions, including a contempt plea, alleging that the Gujarat authorities had demolished residential and religious structures without obtaining prior approval from the court.
The demolition drive, carried out on September 28, was reportedly undertaken to remove encroachments on public land near the Somnath temple.
During Monday’s hearing, senior advocate Huzefa Ahmadi, representing some petitioners, informed the court that the state had submitted a counter-affidavit and that the petitioners intended to file a rejoinder. Solicitor General Tushar Mehta, representing the Gujarat government, suggested that one of the petitions related to an interim order from the Gujarat High Court regarding the demolitions.
The Solicitor General proposed that the High Court be asked to deliver a final judgement on the pending matter, which would provide a factual basis for the Supreme Court’s deliberations. He added that the state had addressed all points raised in its response.
Granting the petitioners additional time, the bench stated, “Four weeks’ time is granted to file rejoinders in all matters. The case will be taken up after six weeks.”
In its affidavit, the Gujarat government defended the demolitions, stating that they were part of an ongoing campaign to clear public lands of illegal encroachments. The government emphasised that its actions adhered to the Supreme Court’s previous directives.
On September 17, the Supreme Court had intervened in separate demolition cases, halting property demolitions without its prior approval. The court had observed that even a single instance of illegal demolition would contravene the “ethos” of the Constitution. However, it clarified that its order did not extend to unauthorised structures on public roads, railway lines, footpaths, or public places such as water bodies.
In its affidavit, the state highlighted the court’s September 17 order, which excluded “public places” and “government lands” from the demolition ban. The affidavit added that water bodies were specifically categorised as public places under the court’s definition.
On November 13, the Supreme Court issued nationwide guidelines mandating that no property be demolished without prior notice and allowing affected parties 15 days to respond.
During an earlier hearing on October 25, the Gujarat government assured the court that land involved in alleged illegal demolitions of Muslim religious structures would remain under state ownership and would not be transferred to third parties.
The Supreme Court’s intervention followed a petition challenging the Gujarat High Court’s refusal to issue a status quo order on the demolition of Muslim religious structures. On 4th October, the top court warned that it would order the restoration of demolished structures if it found the authorities acting in contempt of its orders. However, it declined to impose a status quo on demolitions near the Somnath temple.
The September 28 demolition drive reportedly cleared 15 hectares of government land, valued at Rs 60 crore. Authorities stated that religious structures and concrete houses were removed as part of the operation.
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