SC refuse to stay Gujarat's anti-encroachment drive near Somnath temple

New Delhi, Oct 4 (IANS) The Supreme Court on Friday declined 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, but no relief was ever granted.

SG Mehta added that the Gujarat High Court, in a detailed hearing held on Thursday, declined to pass any status quo order, after a petition was "heard at length" in which "dictation of order continued till 4 o'clock".

The apex court was dealing with a plea filed by the Samast Patni Muslim Jamat seeking contempt action against state authorities for carrying out demolitions in utter disrespect to the SC order, where it had paused 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 on behalf of the Gujarat government.

The Supreme Court said that it will not pass any status quo order at the present stage but if it is later found that demolitions were carried out in the teeth of its order, 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.

The plea, filed through advocate Anas Tanwir, said that the demolition of centuries-old Muslim places of worship including mosques, eidgahs, dargahs, mausoleums, and residential places of Mutawallis was carried out on September 28 without "issuing any notices for such demolition and without granting any opportunity of hearing".

It contended that “Haji Mangroli Shah Baba’s 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 of the Colonel J. M. Hunter Commission. This land, measuring 57 acres and 01 gunthas, was allotted to the Muslim community with legal sanction, recognising its sanctity as a burial ground and religious site".

The state action, which began on September 27 night, targeted unauthorised structures near the famous Somnath temple with an aim to pave the way for the proposed Somnath Development Project. As per the district administration, illegal structures had been constructed without permission on land owned by the Shree Somnath Trust, which oversees the operations of the temple and the Gujarat government.

In January this year, Gujarat authorities initiated a large-scale anti-encroachment operation targeting approximately three hectares (7.4 acres) of illegally occupied land behind the Somnath temple in the district. Somnath temple, located in Prabhas Patan near Veraval town along the Arabian Sea coast, holds immense religious and cultural importance. It is believed to be the foremost among the 12 jyotirlinga shrines dedicated to Lord Shiva and serves as a primary pilgrimage site and tourist attraction.