Demolitions in Gujarat: If authorities acted in contempt, they'll have to restore structures, says SC

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The Supreme Court (SC) on Friday cautioned authorities in Gujarat over demolitions in the state and warned that if it finds that they acted in contempt of its recent order against such action, it will ask them to restore the structures.

A bench of Justices BR Gavai and KV Viswanathan was hearing a plea seeking the initiation of the contempt proceedings against the authorities in Gujarat for the alleged violation of the apex court's September 17 order which had stated there shall be no demolition of properties, including of those accused of crimes, across the country without its permission.

The bench refused to pass an order of status quo on the demolition near the Somnath temple in Gujarat, reported news agency PTI.

On September 28, the authorities carried out demolitions in Gujarat to clear encroachments on government lands near Somnath temple. The administration then stated that religious structures and concrete houses were brought down during the demolitions in Gujarat, freeing around 15 hectares of government land, valued at Rs 60 crore.

Senior advocate Sanjay Hegde, appearing for petitioner Summast Patni Muslim Jamat, said that despite the top court's order, the demolitions in Gujarat took place.

Solicitor General Tushar Mehta, appearing for the Gujarat authorities, said the structures were abutting the sea and were around 340 metres away from Somnath temple.

Demolitions in Gujarat took place last month

"This falls within the exception carved out by your lordships," the top law officer said.

In its order last month, the apex court had said, "We further clarify that our order would not be applicable if there is an unauthorised structure 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".

During the hearing on Friday, the bench observed, "If we find that they are in contempt of our order, not only we will be sending them to jail but we will ask them to restore all this."

Without issuing a notice on the plea, the bench asked Mehta to file a response and posted the matter for hearing on October 16.

Hegde said notices issued to people in the area where the structures were razed did not mention any demolition, even though the drive was conducted on September 28.

There were 45 houses, 10 mosques and five dargahs in the area, spanning 57 acres, he added.

The top court had dealt with a similar matter from Assam on September 30. Apart from issuing a notice on that plea, it had asked the parties to maintain the status quo, Hedge added.

Mehta said he would file a reply to the petition.

The matter pertains to government land and the proceedings started in 2023. Notices were issued by the authority concerned and personal hearing was given to the parties, he said.

People had approached several authorities, including the Waqf Tribunal, but no interim injunction was granted, he added.

"We will not issue a notice, you file your reply," the bench told Mehta.

When Hegde requested the bench that the status quo be maintained, Mehta said somebody had filed a petition before the Gujarat High Court over the issue but it was not heard.

"We have made it clear that in case we find that they are in contempt, we will direct them to restore the position as it was," the bench said, adding that its earlier order applies equally to everyone.

On Tuesday, October 1, SC had reserved its verdict on a batch of pleas which alleged that properties, including of those accused in crimes, were being demolished in several states.

The top court then said it would lay down pan-India guidelines on demolition of properties.

(With PTI inputs)