The Supreme Court on Friday refused to pass any order staying the demolition drive initiated by the Gujarat administration in the state's Gir-Somnath district.
A bench of Justices B.R. Gavai and K.V. Viswanathan was apprised by Solicitor General Tushar Mehta that though several authorities were approached for an interim injunction, no relief was ever granted.
The Gujarat High Court refused to pass any status quo order in a detailed hearing on Thursday, following a petition that was "heard at length" in which "dictation of order continued till 4 o'clock". SG Mehta
The bench was dealing with an appeal filed by Samast Patni Muslim Jamat, seeking contempt action against the state authorities for demolitions in utter disregard of SC order wherein it had stayed all demolition actions across the country except with its permission.
"We will not issue notice, you only file your reply," the bench told SG Mehta who appeared for Gujarat government.
The Supreme Court on its part said it will not pass any status quo order at the present stage but if it later transpires that demolitions were carried out in teeth of its order then it will "send authorities to jail and ask them to restore the position as it was."
The matter will be heard next on October 16.
According to the plea, which was filed through advocate Anas Tanwir, centuries-old Muslim places of worship, including mosques, eidgahs, dargahs, mausoleums, and residential places of Mutawallis, were destroyed on September 28 without "issuing any notices for such demolition and without granting any opportunity of hearing".
It averred that "Haji Mangroli Shah Baba's tomb and adjacent graveyards have been in existence since the time of the State of Junagadh, and the question of its title and user was settled as far back as in 1903 by a legal decree passed under the auspices of the Colonel J. M. Hunter Commission.". This 57-acre and 01 guntha plot of land was allotted to the Muslim community in lieu of legal sanction, keeping its sanctity as a burial ground and religious site.
The state action which began at night on September 27 targeted unauthorized constructions around the famous Somnath temple in an effort to clear the way for the proposed Somnath Development Project. Illegal structures had come up on the land owned by the Shree Somnath Trust, which runs the temple and the Gujarat government, without taking permission from the administration, the district administration said.
In January this year, Gujarat officials launched a major anti-encroachment drive that covered around three hectares or 7.4 acres of illegally occupied land behind the Somnath temple in the district. Somnath temple, located in Prabhas Patan near the town of Veraval along the Arabian Sea coast, is deeply important in terms of religious and cultural heritage. It is considered the first among the 12 jyotirlinga shrines dedicated to Lord Shiva and remains one of the most important pilgrim centers and tourist attractions.
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