NEW DELHI: The Supreme Court on Wednesday deferred hearing on a contempt plea against Gujarat authorities for allegedly illegally demolishing residential and religious structures in the state despite an interim stay and without its prior nod.
A three-judge bench of Justices B R Gavai, PK Mishra and KV Viswanathan adjourned the plea for three weeks. The bench was hearing a contempt petition against the Gir Somnath district collector and other officials over the alleged illegal demolition of Dargah Mangroli Shah Baba, Eidgah and several other structures located in Prabhas Patan, Veraval and Gir Somnath.
The plea seeks initiation of contempt proceedings against state authorities for alleged violation of SC’s September 17 order that there shall be no demolition of properties, including of those accused of crimes, without permission.
Senior lawyer Sanjay Hegde, appearing for the petitioner, said the state has filed a response to the petition and he wanted to file the rejoinder.
“Their defense is that [the structure demolished] was near the Arabian Sea. What prevented them from seeking permission from your lordships,” Hegde said. On October 4, SC cautioned the authorities, saying it will ask them to restore the structures if it finds that they acted in contempt of its recent order against such action.
The bench, however, refused to pass an order of status quo on the demolition near the Somnath temple. On September 28, authorities in Gujarat carried out a demolition drive to clear encroachments on government land near the temple in Gir Somnath district. “If we find contempt, we will order them to rebuild the structures,” the court had clarified in the order.
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