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The two-judge seat headed by Justice B R Gavai, however, declined to nonstop a presumption quo connected the demolitions)
The Supreme Court told authorities successful Gujarat Friday that it volition bid the restoration of razed “encroachments” successful Gir Somnath territory if it finds they person not followed its September 17 interim absorption that ordered a intermission successful demolitions crossed the country, with immoderate exceptions.
The two-judge seat headed by Justice B R Gavai, however, declined to nonstop a presumption quo connected the demolitions.
“If we find that they are successful contempt of our order, we volition inquire them to reconstruct the presumption quo ante,” said Justice Gavai, portion declining to contented a announcement successful the matter.
The bench, besides comprising Justice K V Viswanathan, was proceeding a petition filed by Summast Patni Musslim Jamat, a spot representing the Patni Muslim assemblage of Prabhas Patan, against the demolition thrust carried retired successful the country adjacent to Somnath temple past month.
Appearing for the trust, Senior Advocate Sanjay Hegde said immoderate of the structures are precise aged and the notices issued to the occupants did not notation demolition. He besides alleged that the demolition thrust was successful usurpation of the interim bid passed connected September 17. He besides sought presumption quo, saying the remaining structures, too, whitethorn beryllium demolished.
Solicitor General Tushar Mehta, appearing for Gujarat, said the enactment squarely fell wrong the exceptions provided successful the September 17 order.
In its September 17 interim order, the apical tribunal said: “Till the adjacent day of hearing, we nonstop that determination shall beryllium nary demolition anyplace crossed the state without seeking permission of this Court. We further clarify 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 Court of law.”
The bid came connected petitions which alleged that municipal authorities successful assorted states were employing demolitions arsenic a crime-fighting measurement by razing dwelling units of accused people.
Mehta said the encroachments successful Gir Somnath abutted a waterbody — the oversea — and that owed process was followed.
He said that it was authorities onshore and eviction proceedings were started successful 2023. Notices were issued and a idiosyncratic proceeding was fixed to the parties, helium submitted.
Following the submission, the seat said that it was not issuing announcement but asked the SG to record his effect to the petition.
The petitioners opposed the SG’s contentions but the seat pointed retired that its interim bid had an objection successful the lawsuit of h2o bodies.
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