New Delhi:
The Supreme Courtroom on Friday cautioned authorities in Gujarat over demolitions within the state, saying if it finds that they acted in contempt of its latest order in opposition to such motion, it is going to ask them to revive the constructions.
A bench of Justices BR Gavai and KV Viswanathan was listening to a plea looking for initiation of contempt proceedings in opposition to the Gujarat authorities for alleged violation of the Supreme Courtroom’s September 17 order by which it had mentioned there ought to be no demolition of properties, together with these belonging to individuals accused of crimes, throughout the nation with out its permission.
The bench refused to cross an order of established order on the demolition close to the Somnath temple in Gujarat.
On September 28, the authorities in Gujarat carried out a demolition drive to clear encroachments on authorities land close to the Somnath temple in Gir Somnath district.
The administration had mentioned spiritual constructions and concrete homes had been demolished through the drive that freed round 15 hectares of presidency land valued at Rs 60 crore.
Senior advocate Sanjay Hegde, showing for petitioner Summast Patni Muslim Jamat, mentioned that regardless of the highest court docket’s order, the authorities in Gujarat have demolished constructions.
Solicitor Basic Tushar Mehta, showing for the Gujarat authorities, mentioned the constructions had been abutting the ocean and had been round 340 metres away from the Somnath temple.
“This falls inside the exception carved out by your lordships,” the highest legislation officer mentioned.
In its order final month, the Supreme Courtroom had mentioned, “We additional make clear that our order wouldn’t be relevant if there’s an unauthorised construction in any public place comparable to highway, road, footpath, abutting railway line or any river physique or water our bodies and in addition, to instances the place there’s an order for demolition made by a court docket of legislation”.
In the course of the listening to on Friday, the bench noticed, “If we discover that they’re in contempt of our order, not solely we can be sending them to jail however we are going to ask them to revive all this.” With out issuing a discover on the plea, the bench requested Mr Mehta to file a response and posted the matter for listening to on October 16.
Senior advocate Hegde mentioned notices issued to individuals there (space the place demolitions had been carried out) didn’t communicate of any demolition, regardless that the demolition drive was carried out on September 28.
There have been 45 homes, 10 mosques and 5 dargahs within the space spanning 57 acres, he mentioned.
The highest court docket had handled the same matter from Assam on September 30 and in addition to issuing a discover on that plea, it had requested the events to take care of the established order, he added.
Mr Mehta mentioned he would file a reply to the petition.
The matter pertains to authorities land and the proceedings began in 2023. Notices had been issued by the authority involved and a private listening to was given to the events, he mentioned.
Folks had approached a number of authorities, together with the Waqf Tribunal, however no interim injunction was granted, he added.
“We is not going to challenge a discover, you file your reply,” the bench informed Mr Mehta.
When Mr Hegde requested the bench that the established order be maintained, Mr Mehta mentioned any person had filed a petition earlier than the Gujarat Excessive Courtroom for a similar nevertheless it was refused.
“We’ve got made it clear that in case we discover that they’re in contempt, we are going to direct them to revive the place because it was,” the bench mentioned, including that its earlier order applies equally to everybody.
On October 1, the Supreme Courtroom had reserved its verdict on a batch of pleas which alleged that properties, together with belonging these accused of crime, had been being demolished in a number of states.
The highest court docket had mentioned it will lay down pan-India pointers on demolition of properties. It had mentioned in its September 17 order that it will proceed until it decides the matter.
(Aside from the headline, this story has not been edited by NDTV workers and is revealed from a syndicated feed.)