Bulldozers being used in a demolition drive. Representative image.
PTI
New Delhi: The Gujarat government has justified its decision in connection with the demolition of a dargah and other places in Gir Somnath by authorities, as those were erected by encroachments on government lands abutting the Arabian sea, a water body.
In an affidavit upon the court's notice, Gir Somnath Collector said that in the order on September 17, 2024, and even in the proceedings that took place after the order, this court has been categorical in stating that the stay on demolition does not apply to encroachments on public places and government lands.
The public places, specifically included water bodies, as per order passed on September 17, 2024, it pointed out.
The state government said the removal of encroachments has been part of a continuous drive undertaken by the revenue authorities of District Gir Somnath to ensure that the valuable government land abutting the waterfront, the Arabian sea, is freed from encroachments.
The response was filed to a petition by Summast Patni Musslim Jamat, seeking to initiate contempt proceedings against the government officers for alleged wilful and deliberate contravention of the order passed by the apex court on September 17.
The state government defended the demolition action initiated against dargah Mangroli Shah Baba, Eidgah, and several other structures located in Prabhas Patan, Veraval, Gir Somnath.
It contended the petitioner has approached this court with unclean hands perhaps to short circuit the established procedure for taking the remedies available in law.
The state government said the removal of encroachments over government lands in village Prabhas Patan on September 28, 2024, was the fifth-phase of encroachments in the village.
“All phases of demolition have taken place by following due procedure prescribed in law, so as to ensure that government lands are freed of encroachments,” it said.
“It is unfortunate that the petitioner has given a communal colour to the work performed by respondents, which is far from the truth,” the response said.
It claimed on August 6, 2024, 40 encroachments of hutments, all belonging to members of Hindu community, were removed from revenue survey of village Prabhas Patan. Phase-4 cleared 20,000 square meters of government land of encroachments, it added.
The present contempt petition is the sixth proceeding initiated by various litigants with no protection, interim order otherwise having been granted by any other fora, including the Gujarat High Court, Civil Court, Veraval and the Waqf Tribunal, it said.
On Wednesday, senior advocate Sanjay Hegde, representing the petitioner, sought time to file a rejoinder.
He claimed that the state government’s only defence is that it is near the Arabian sea.
A three-judge bench led by Justice B R Gavai fixed the matter for hearing after three weeks’.
The petitioner moved the apex court seeking initiation of contempt proceedings for alleged violation of the apex court's September 17 order that there shall be no demolition of properties, including those accused of crimes, across the country without its permission.
On October 1, the court said that if demolition is found to be illegal then property will have to be restituted.
The court had also said that it will lay down guidelines for all citizens and not for any particular community on the issue of demolition of properties.