2 hours ago
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The demolitions took spot past month. (File)
The authorities authorities has submitted earlier the Supreme Court that the demolitions carried retired successful Prabhas Patan colony successful Gir Somnath territory were connected authorities lands and fell wrong the objection carved retired by the apical court.
The authorities authorities besides claimed that Summast Patni Muslim Jamaat, which filed the contempt plea against authorities authorities, has approached the apex tribunal with “unclean hands”. In an affidavit filed successful effect to the contempt petition, Gir Somnath territory Collector “unequivocally submitted that the said encroachments are connected authorities lands abutting a h2o body, being the Arabian Sea; and, therefore, the enactment of the respondents intelligibly falls wrong the exceptions carved retired by” the Supreme Court successful its October 17 interim order.
The affidavit said the petitioner “has suppressed the information that the contiguous contempt petition is the sixth proceeding initiated by assorted litigants who assertion to beryllium representing the interests of residents of colony Prabhas Patan; with nary protection, interim oregon different having been granted by immoderate different fora, including the Hon’ble High Court of Gujarat, the Ld. Civil Court, Veraval and the Ld. Waqf Tribunal, Gujarat.”
Regarding the “ownership of the lands successful question”, the authorities “submitted that Revenue Survey Nos. 1851, 1852 and 1853 of colony Prabhas Patan, taluka Veraval, territory Gir Somnath, from wherever the encroachments were removed, are authorities lands abutting the waterfront (Arabian Sea).”
The authorities said that the removal of encroachments connected authorities lands successful colony Prabhas Patan connected September 28 “was the 5th signifier of removal of encroachments successful the said village. All phases of demolition person taken spot by pursuing owed process prescribed successful law, truthful arsenic to guarantee that authorities lands are freed of encroachments.”
“It is respectfully submitted that it is unfortunate that the petitioner, successful the captioned petition, has fixed a communal colour to the enactment performed by the respondents, which is acold from the truth,” the affidavit said.
The District Collector said that “before the removal of encroachments connected 28-29.09.2024, the encroachers were connected 05.09.2024 issued notices nether Section 202 of the Gujarat Land Revenue Code for removal of amerciable encroachments” but “the encroachers (particularly, the managers and administrators of the amerciable structures), arsenic a concerted strategy, refused to judge the said notices dated 05.09.2024.”
This refusal “was recorded successful the Panch Rojkams which were prepared connected 05.09.2024”, the affidavit said. On Wednesday, the SC adjourned the proceeding connected the contempt plea aft elder advocator Sanjay Hegde, appearing for the petitioner, sought clip to record its effect to the Collector’s affidavit.
On September 17, the SC successful an interim bid had said that “there shall beryllium nary demolition anyplace crossed the state without seeking permission of this court”. It clarified that “our bid would not beryllium applicable if determination is an unauthorised operation successful immoderate nationalist spot specified arsenic a road, street, footpath, abutting railway enactment oregon immoderate stream oregon h2o bodies and besides to cases wherever determination is an bid for demolition made by a tribunal of law”.
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