Somnath Lands Where Demolitions Were Carried Out Won't Be Allotted To Third Parties Till Next Hearing : Gujarat Govt Tells Supreme Court

The State of Gujarat on Friday (October 25) undertook before the Supreme Court that the lands in Gir Somnath, where demolition of structures was carried out by the authorities recently, would remain with the government and not be allotted to any third parties till the next date of hearing in the matter before the Court.

The State made this submission while the Court was hearing a petition challenging the Gujarat High Court's order (October 3) which refused to order a status quo on the demolition of Muslim religious structures and houses in Gujarat's Somnath.

After hearing arguments for a brief period, a bench comprising Justices BR Gavai and KV Viswanathan posted the petition on November 11, on which date a contempt petition filed by Summast Patni Musslim Jamat alleging that the Somnath demolitions were carried out in violation of the Supreme Court's order, is listed.

Senior Advocate Kapil Sibal, appearing for the petitioner (Auliya-e-Deen Committee, Junagadh), submitted that there were temples situated on the government land, but they were not demolished and only dargahs were proceeded against.

"Reason given for demolition is that they are near the Arabian Sea and therefore, near water body. Protected monuments were razed to the ground. Can your Lordships imagine?" Sibal submitted. He added that heritage monuments, ancient dargahs and kabarstans were subjected to demolitions and the same amounts to contempt of the Court's order staying demolitions in the 'bulldozer' matter.

Solicitor General of India Tushar Mehta, appearing for the State of Gujarat, refuted Sibal's submissions, saying that only the structures which were encroaching on public lands were demolished and the process began months back. The SG denied that the subject structures were 'protected' structures and claimed that the petitioner was guilty of suppressing material information from the Supreme Court.

When Sibal pleaded for the grant of a status quo order, the bench declined. "We can always order restoration", Justice Gavai orally said.

Senior Advocate Huzefa Ahmadi, appearing for another petitioner, submitted that his client has a document of land allotment issued way back in 1903 by the erstwhile princely kingdom. He added that one of the structures was declared as an ancient monument and registered as a Waqf.

"On a Saturday, when these proceedings were pending, overnight they have proceeded and demolished the structures. As of today, all that we are apprehensive about is that the manner in which they are acting, they may even change possession. All that we are requesting is that till the next date, let today's status quo be maintained. If today ultimately I succeed, status quo ante I am entitled...but even if that is not so, this is registered as a Waqf...there are waqf proceedings...", Ahmadi submitted. Underscoring that the demolitions have already been carried out, the senior counsel prayed for a status quo order against further allotment of the lands to third parties. "They have acted in a high-handed manner. They have carried out demolitions. Today, demolitions can't be stopped. But surely allotment of changing of possession, if they give it to a third party...it will get very difficult on the ground to ever recover our land," he submitted.

Joining Ahmadi's submissions, Sibal said that though the structures are on public lands, they are protected monuments, registered waqfs and public trusts. He alleged that the authorities were selectively proceeding against one set of monuments while excluding temples situated on public lands.

Sibal invited the attention of the bench to a previous order passed by the District Collector in 2015, which stated that the lands in question shall remain designated as government land and can be used only for purposes for which they were allotted (for construction of government offices, etc). He alleged that there may be an attempt to allot these lands to third parties.

At this point, Justice Gavai expressed that the authorities have to abide by the above order. In response, SG Mehta stated that the authorities would abide by the conditions imposed by the Collector's order.

"Till next date, let the possession be with the government and don't allot it to anyone," Justice Gavai added. When the SG conveyed that he is ready to make a statement to that effect, the bench passed the following order :

"Learned SG states that until further orders, the possession of the land in question shall remain with the govt and shall not be allotted to any third parties. In that view of the matter, we don't find it necessary to pass any interim order."

Before parting, the bench clarified that the pendency of the present Special Leave Petition will not bar the High Court from proceeding with the matter before it.

In related news, on October 4, the same bench considered a contempt petition filed alleging that the Somnath demolitions were carried out in violation of the September 17 order which mandated that prior permission of the Court was necessary to bulldoze structures, except those that are on public lands. On that occasion, the bench declined to pass an interim order against demolitions, after noting that the Gujarat High Court had also declined such relief through a reasoned order.

Case Title: AULIYA-E-DEEN COMMITTEE v. THE STATE OF GUJARAT | SLP(C) No. 24515/2024

Click Here To Read/Download Order