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NEW DELHI: The Supreme Court on Friday refused to impose a status quo on the demolition of certain religious structures in Gujarat’s Gir Somnath district. This decision followed the Gujarat government’s assurance that the land involved would not be transferred to any third party. The case was heard by a bench comprising Justices B.R. Gavai and K.V. Viswanathan.
The hearing initially leaned towards ordering a status quo; however, the Court later stepped back after arguments presented by Solicitor General Tushar Mehta, representing the State of Gujarat.
Appearing for the Auliya-E-Deen Committee, Senior Advocate Kapil Sibal argued that the land had been granted to the committee in 1903 and protested the ongoing demolitions. “They are high-handedly proceeding with the demolitions. How can this be allowed to happen?” Sibal stated.
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SG Mehta, however, countered these arguments by reading from the land deed, indicating it was under the Somnath Trust’s authority. He argued that the committee had concealed key information in its appeal to the court, asserting, “They have not disclosed that the land belongs to the government and the Somnath Trust.” He also pointed out that prior appeals by the committee challenging the land’s ownership had been dismissed.
Justice Gavai then asked Mehta if all these facts had been submitted by the petitioner, to which Mehta confirmed, accusing the petitioner of concealing information. He stated that the matter had been ongoing for five months, during which the government had been addressing illegal structures on the property.
In response, Sibal cited an order by the local collector staying the demolition, which he argued was being disregarded by the state. Justice Gavai then requested Mehta to review the collector’s order and uphold its conditions.
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Acknowledging this, Mehta agreed to adhere to the collector’s order, stating that the land was indeed meant for the construction of government departmental offices, as granted by the Somnath Trust. He noted that the petitioner had not contested this purpose.
Justice Gavai proposed recording this understanding, and SG Mehta agreed. The court subsequently directed that the land remain under government possession, prohibiting any transfer to a third party. Justice Gavai clarified that no interim order was necessary, emphasizing that the case’s current standing in the Supreme Court should not be construed as a stay, allowing the High Court to continue its proceedings.
