SC upholds Gujarat’s anti-encroachment measures amid controversy near Somnath Temple

The Supreme Court was addressing a plea filed by the Samast Patni Muslim Jamat

The Supreme Court was addressing a plea filed by the Samast Patni Muslim Jamat
The Supreme Court was addressing a plea filed by the Samast Patni Muslim Jamat

Supreme Court declines to intervene in Gujarat’s Gir-Somnath demolition drive

The Supreme Court has decided not to intervene in the ongoing demolition drive initiated by the Gujarat administration in the Gir-Somnath district. On Friday, a bench consisting of Justices B R Gavai and K V Viswanathan heard arguments regarding the situation, with Solicitor General Tushar Mehta informing the court that no interim injunction had been granted despite several attempts by various authorities.

Mehta noted that the Gujarat High Court had conducted a detailed hearing the previous day, during which it also refused to issue a status quo order after thoroughly examining the case.

The Supreme Court was addressing a plea filed by the Samast Patni Muslim Jamat, which sought contempt action against state authorities for proceeding with demolitions despite a prior Supreme Court order that paused all such actions nationwide, except with the court’s permission.

The bench remarked that it would not issue a notice at this time, instructing Mehta, who represented the Gujarat government, to file a response instead. While the court declined to pass a status quo order, it warned that if it later found that demolitions had occurred in violation of its directive, it would take severe action against the responsible authorities, including potential imprisonment and restoration of the affected sites.

The next hearing in this matter is scheduled for October 16.

The petition, submitted by advocate Anas Tanwir, argued that demolitions of centuries-old Muslim religious sites—including mosques, eidgahs, dargahs, and mausoleums—occurred on September 28 without prior notice or the opportunity for a hearing. It specifically mentioned the tomb of Haji Mangroli Shah Baba, which has been recognized as a burial ground and religious site since the era of the State of Junagadh. The petition highlighted that ownership and usage disputes concerning this land had been resolved in 1903.

The state-led demolition campaign commenced on the night of September 27, targeting unauthorized structures near the renowned Somnath temple to facilitate the proposed Somnath Development Project. The district administration maintained that illegal constructions had been erected without permission on land owned by the Shree Somnath Trust, which manages temple operations.

Earlier this year, Gujarat authorities launched a large-scale anti-encroachment operation aimed at reclaiming approximately three hectares of illegally occupied land behind the Somnath Temple, which holds significant religious and cultural importance as one of the 12 jyotirlinga shrines dedicated to Lord Shiva.

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