Gir Somnath Demolitions: Why Have 12-Feet High Compound Wall? Make It Reasonable Height, Supreme Court Tells Gujarat Govt

In the contempt petitions filed with respect to Gir Somnath demolitions, the Supreme Court was informed today by the petitioners that a 12-ft compound wall is being constructed by the authorities at the site. In response, the Court noted that compound walls are normally 5-6 ft high and asked State of Gujarat to issue appropriate instructions to its Collector.

The matter was mentioned before a bench of Justices BR Gavai and AG Masih by Senior Advocate Sanjay Hegde (for petitioners), who contended that despite pendency of the contempt proceedings, construction is being raised at the site by the state authorities.

Opposing the submission, Solicitor General Tushar Mehta (for State of Gujarat) informed that only a compound wall was being erected at the site to prevent encroachment. The SG further pointed to his earlier statement, recorded by the Court in its order, to the effect that no activities, including Hindu religious rituals, are being permitted on the "government land which was under encroachment".

Insofar as the allegation of a "12-ft wall" being constructed at the site, the SG urged that it's a mere oral assertion and there is nothing on record to indicate that a 12-ft high wall is being constructed. He further urged that the government can erect a compound wall to protect the land from encroachment (like in other parts of the country) and it is not as if construction can quietly be carried out inside even if a 15-ft wall is constructed.

"This is the land adjacent to Somnath temple. I have made a statement that it will not be used for any purposes. What we are doing is, constructing a compound wall so that there is no encroachment...the position remains as it is. It's government land, there is no doubt we can always protect government land by creating a compound wall", the SG contended.

When the Court posed a specific query, Hegde conceded that as of now, only a compound wall is being erected. Praying for status quo, he conveyed an apprehension about further construction that might follow.

Hearing the counsels, Justice Gavai said that the petitioners can approach the Court if any other construction takes place, in which case, the Court will protect them. "If they make any other construction, you come before us, we will certainly protect you". It was also orally observed that if the petitioners succeed, they would get protected land.

On the allegation that a 12-ft compound wall is being constructed at the site, Justice Gavai posed to SG Mehta that compound walls are normally 5-6 ft high and asked that the state issue appropriate instructions to its Collector.

"Don't have a 12-ft wall. If you are protecting it, 5 ft, 6 ft is enough. Make it a reasonable height. Why do you want to have a 12 ft compound wall? You better instruct your Collector", Justice Gavai told SG Mehta. The hearing concluded with SG Mehta assuring that there is nothing of the sort in mind and that what fell from the Court would be conveyed.

Background

After an order staying demolitions across the country was passed by the Supreme Court on September 17 last year, a contempt petition was filed by Summast Patni Musslim Jamat, alleging illegal demolition of Muslim religious and residential places by Gujarat authorities on September 28.

The Trust claimed that authorities in Gujarat violated the 17 September order by carrying out demolitions without providing any prior notice, and sought initiation of contempt proceedings against Gujarat State's Principal Secretary, a Collector and District Magistrate, SP (Gir Somnath). Response to the petition was sought by Supreme Court from State of Gujarat (October 4).

However, the Court refused to pass an interim order of status quo with respect to the demolitions, considering a submission by SG Mehta (for Gujarat) that the demolition drive fell within the exception carved out in the September 17 order for encroachments on public spaces and lands abutting waterbodies.

Another petition, filed by Auliya-e-Deen Committee, Junagadh, challenged a Gujarat High Court order (October 3) which refused to direct a status quo on the demolition of Muslim religious structures and houses in Somnath. In this matter, State of Gujarat undertook before the Supreme Court (October 25) that the lands in Gir Somnath, where demolition of structures was carried out, would remain with the government and not be allotted to any third parties till the next date of hearing in the matter.

Subsequently, another contempt petition was filed against Gujarat authorities, alleging illegal demolition of Pir Haji Mangroli Shah Dargah between September 27-28, without any prior notice and in violation of Court's stay order (September 17) on demolitions. Response was sought on the same on November 11, 2024.

Case Title: SUMMAST PATNI MUSSLIM JAMAT Versus RAJESH MANJHU, THE STATE OF GUJARAT AND ORS., Diary No. 45534-2024 (and connected cases) 

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