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

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 structuresA 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 courts September 17 order which had stated there shall be no demolition of properties including of those accused of crimes across the country without its permissionThe bench refused to pass an order of status quo on the demolition near the Somnath temple in Gujarat reported news agency PTIOn 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 croreSenior advocate Sanjay Hegde appearing for petitioner Summast Patni Muslim Jamat said that despite the top courts order the demolitions in Gujarat took placeSolicitor General Tushar Mehta appearing for the Gujarat authorities said the structures were abutting the sea and were around 340 metres away from Somnath templeDemolitions in Gujarat took place last monthThis falls within the exception carved out by your lordships the top law officer saidIn 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 lawDuring 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 thisWithout issuing a notice on the plea the bench asked Mehta to file a response and posted the matter for hearing on October 16Hegde 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 28There were 45 houses 10 mosques and five dargahs in the area spanning 57 acres he addedThe 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 addedMehta said he would file a reply to the petitionThe 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 saidPeople had approached several authorities including the Waqf Tribunal but no interim injunction was granted he addedWe will not issue a notice you file your reply the bench told MehtaWhen 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 heardWe 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 everyoneOn 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 statesThe top court then said it would lay down panIndia guidelines on demolition of propertiesWith PTI inputs