Demolition in Gir Somnath done to remove encroachments: Gujarat govt tells SC

New Delhi [India], October 16 : Defending its decision to the alleged demolition of the Dargah and other places in Gir Somnath by authorities, the Gujarat Government has informed the Supreme Court that the lands were of governments abutting the waterfront Arabian Sea where the encroachments were removed.
"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 (Arabia Sea) is freed up of encroachments," Gujarat Government said.
In an affidavit filed by the Gujarat Government in the Supreme Court in Gir Somnath demolition matter, the state administration informed the top court that in the District Gir Somnath, from where the encroachments were removed, are government lands abutting the waterfront (Arabian Sea).
The affidavit came as a reply to Summast Patni Musslim Jamat petition seeking to initiate contempt proceedings against Gujarat authorities for wilful and deliberate contravention of the Order dated September 17.
However, the Union Government clarified that it tenders a wholly unconditional, unqualified, bonafide and sincere apology for any alleged contemptuous conduct on its part arising out of any advertent or inadvertent action or inaction concerning the subject matter of the present proceedings, as it holds the top court in the highest regard and does not seek to affect its majesty.
But the Gujarat Government opposed the Jamat plea and submitted that 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.
Countering the petitioner's claim, Gujarat Govt called it unfortunate that the petitioner has given a communal colour to the work performed by the authorities, which is far from the truth.
"In Phase-1 of the removal of encroachments, on October 8, 2023, 26 encroachments were removed from Revenue Survey No 1852 of Village Prabhas Patan, out of which 1 encroacher belonged to a member of the Hindu community and 25 encroachments belonged to members of the Muslim community. Phase-1 cleared 15,000 square meters of government land of encroachments," Gujarat Government said.
The affidavit further said that in Phase 2,174 encroachments, including temples, all belonging to members of the Hindu community, were removed and in the third phase, 155 encroachments on public roads were removed from Village Prabhas Patan, out of which 147 encroachments belonged to members of the Hindu community and 8 encroachments belonged to members of the Muslim community. Two more phases of demolition took place in which many encroachments were removed.
"Thus, 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 (Arabia Sea) is freed up of encroachments," Gujarat Government said.
Gujarat Government submitted that before the removal of encroachments on September 28-29, 2024, the encroachers were, on September 5, 2024, issued notices under Section 202 of the Gujarat Land Revenue Code (GLRC) for removal of illegal encroachments.
The Gujarat government further added that the petitioner has not established its locus while filing of the petition, or as to how it stands affected by the actions of the respondent authorities. The petitioner is not affected by the removal of the encroachments that were removed by the respondent authorities, the government said.
Meanwhile, Senior Advocate Sanjay Hegde for petitioner Summast Patni Musslim Jamat on Wednesday sought time to file a rejoinder and said that the state government's only defence is it is near Arabian Sea.
A bench of justices BR Gavai, PK Mishra and KV Vishwanathan adjourned the matter after three weeks.
Summast Patni Musslim Jamat has filed petition through advocate Anas Tanwir and sought to initiate contempt proceedings against Gujarat authorities for wilful and deliberate contravention of the order dated September 17.
The Supreme Court in the last hearing refused to stay the demolition but clarified that if they find there is contempt of its order in this matter, then it will not only send the alleged erring officials to jail but also order to restore the structure.
On September 17, the top court directed that till the next date of hearing, there shall be no demolition anywhere across the country without seeking leave of this court.
However, on September 17, the court clarified that its order would not be applicable if there is an unauthorized 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.
The organisation said that Gujarat authorities carried out an early morning illegal demolition of centuries-old Muslim religious places of worship, including mosques, eidgahs, dargahs, mausoleums and residential places of Mutawallis of the said dargahs on September 28, 2024, without issuing any notices for such demolition and without granting any opportunity of hearing.
"The respondents herein, by carrying out the said demolitions, have blatantly defied the aforementioned order, thereby lowering the majesty of the court in the eyes of the general public, relaying utter disrespect to the orders of the court," the petitioner said.
The petitioner, which is a trust representing the Patni Muslim community of Prabhas Patan, sought to protect religious sites that have significant historical and spiritual importance.
"These include Haji Mangroli Shah Baba's tomb, dargahs, mosques, and graveyards that have been used and revered by the local Muslim community for over a century. The tomb and surrounding graveyards have existed since the time of the state of Junagadh, with the matter of their ownership and usage being resolved as early as 1903 by a legal resolution passed under the supervision," the petitioner said.