Will be in possession of land where demolitions took place: Gujarat government to Supreme Court

New Delhi: The Gujarat government on Friday informed the Supreme Court the land, where the alleged illegal demolitions of Muslim religious structures took place at Gir Somnath, will remain with it and not allotted to any third party.

A bench comprising Justices B R Gavai and K V Viswanathan took note of the submissions of Solicitor General Tushar Mehta, representing Gujarat government, and did not pass any interim status quo order in the meantime as sought by the counsel of the Muslim parties.

"The solicitor general states until further orders, the possession of the land in question shall remain with the government and not be allotted to any third parties. In that view of the matter, we do not find it necessary to pass any interim order," the bench said.

The bench was hearing a plea against a Gujarat High Court order by which a status quo order on demolitions of Muslim religious structures was declined.

The top court is also dealing with a separate contempt plea against the Gujarat authorities for allegedly illegally demolishing residential and religious structures in the state despite an interim stay and without its prior nod.

The plea had sought initiation of the contempt proceedings against the state authorities for the alleged violation of the apex court's September 17 order. The top court had then halted the demolition of properties, including of persons accused of crimes, in the country without its permission. The plea would come up on November 11 for hearing.

The bench had ordered listing of a fresh plea of Auliya-e-Deen Committee against the high court order on the same day.

At the outset, senior advocate Kapil Sibal, appearing for Auliya-e-Deen Committee of Junagadh, said the structures belonging to a particular community, had been demolished but temples on the government land there had been spared.

Protected monuments were razed on the ground that they were near a water body, the Arabian Sea, he claimed.

The solicitor general opposed the submissions and said only those structures, which were built on encroached government land and not protected under law, had been demolished.

The bench refused to pass a status quo order and assured it could also order the restoration.

Senior advocate Huzefa Ahmadi while representing another litigant claimed the structures on a legitimate Wakf land were targeted.

"On a Saturday, when proceedings were pending, they proceeded overnight and demolished the structures,” he said. Ahmadi expressed his client's apprehension on the government allotting the land to a third party and sought a status quo order.

"Till next date, let the possession be with the government," the bench observed. After Mehta stated that the land would remain with the government, the bench recorded it and deferred the hearing.

On October 4, the top court had cautioned the authorities, saying it will ask them to restore the structures if it found them acting in contempt of its recent order against such action.

The bench, however, had refused to order status quo on the demolition near the Somnath temple in Gujarat.

On September 28, authorities in Gujarat reportedly carried out a demolition drive to clear encroachments on government land near the Somnath temple in Gir Somnath district.

The administration said religious structures and concrete houses were demolished during the drive that freed around 15 hectares of government land valued at Rs 60 crore.

On October 1, the apex court reserved its verdict on a batch of pleas alleging properties, including those accused of crime, were being demolished in several states.

The top court said it would frame pan-India guidelines on the demolition of properties and until it decides the matter the September 17 order would continue.