NEW DELHI, Jan 31: The Supreme Court on Friday rejected a plea seeking to hold “Urs” festival between February 1 and February 3 at a dargah (Muslim shrine) razed in Gujarat’s Gir Somnath district during a demolition drive.
A bench of Justices B R Gavai and Augustine George Masih observed the submissions of solicitor general Tushar Mehta, appearing for the Gujarat authorities that unauthorised constructions, including temples on the land belonging to the government, were demolished.
Mehta said no activities, including Hindu religious rituals, were allowed on the land in question which was encroached upon earlier.
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The bench observed Mehta’s contention that the land belonged to the government and unauthorised constructions, including the temples, were demolished.
The applicant’s counsel said “Urs” festival was held at the site of the razed dargah for many years but authorities on January 30 denied permission.
“If at all they (authorities) are saying they are having an apprehension that there will be some law and order problem, I will suggest one thing… 20 people will go for some time, they will perform the rituals and come out,” the applicant’s counsel said.
It was a structure made before 1299 AD, added the counsel.
“Is there a structure now?” asked the bench.
The counsel said it was demolished and argued it was a protected monument.
Mehta said the demolition drive applied to all religions.
“Whatever was unauthorised, is demolished. This is undisputedly a government land,” he said.
While the bench told the applicant’s counsel that authorities had demolished temples too, it told Mehta no religious functions at the site should be allowed by the authorities.
While rejecting the application, the bench said the prayer couldn’t be granted without hearing the main matter.
When the bench told Mehta that it had recorded his statement that no religious rituals would be permitted there, the law officer referred to an order passed by the top court in the main matter.
He said his statement was recorded that the land would remain under the control of the government.
On January 27, the top court said it would hear after three weeks the pleas, including a contempt petition against the Gujarat authorities for allegedly demolishing residential and religious structures in Gir Somnath district without its prior nod.
On September 28 last year, a demolition drive was carried out to reportedly clear encroachments on public lands near Gujarat’s Somnath temple.
In its affidavit filed in the apex court, the Gujarat government justified its demolition action, saying it was an ongoing drive for removing encroachments on public land.
On September 17 last year, the top court, while hearing separate pleas on the demolition action by some states, stopped the demolition of properties, including those of persons accused of crime, without its permission.
It observed even a single instance of illegal demolition was against the “ethos” of the Constitution.
The top court, however, clarified its order did not apply to unauthorised structures on public roads, footpaths, railway lines or public places like water bodies, among others.
The top court on November 13, 2024, delivered a judgement laying down pan-India guidelines and said no property should be demolished without a prior showcause notice and the affected parties must be given 15 days to respond.
When the apex court was hearing the Gujarat demolition matter on October 25 last year, the state government said it would have custody over the land, where the demolition drive was carried out, and wouldn’t be allotted to a third party.
The bench was hearing a plea against a Gujarat High Court order by which a status quo on demolitions of Muslim religious structures was declined.
On October 4 last year, the top court cautioned the authorities, saying it would ask them to restore the structures if they were found acting in contempt of its order against such an action.
The bench, however, refused to order a status quo on the demolition near the Somnath temple in Gujarat. (PTI)
