The Gujarat government on Friday assured the Supreme Court that land where alleged illegal demolitions of religious structures belonging to the minority community had taken place on the ground of encroachment in Gir Somnath would remain with it and not allotted to any third party.

A bench of Justice B.R. Gavai and Justice K.V. Viswanathan was hearing a petition filed by the Auliya-E-Deen Committee, a Muslim organisation.

The petition alleged that the authorities had intentionally demolished mosques and dargahs on September 28 despite two previous orders by the bench on September 17 and October 1 that had stayed the demolition of illegal properties across the country. The orders were passed by the top court on a batch of PILs filed by the Jamiat-ulema-Hind and others alleging indiscriminate use of bulldozers by the authorities in several states.

Senior advocate Kapil Sibal, appearing for the petitioner, told the bench that the properties, particularly those that are deemed to be monuments and belonged to the minority community, were demolished despite the September 17 and October 1 orders. He submitted that till the court decided the validity of the administration’s decision, “no-third party” rights should be created by the Gujarat government.

“What third-party rights? It’s government land. The high court is seized of the matter,” Justice Gavai, heading the bench, observed.

Solicitor-general Tushar Mehta, representing the Gujarat government, told the bench that the petitioners had “suppressed” several facts relating to the case.

Sibal said the land was given to the Auliya-E-Deen Committee way back in 1903.

Mehta countered the argument by saying that there were documents to prove that the properties were under the control of the Somnath Trust, which had given the land to the state government.

Initially, the court wanted to pass a “status quo” order but upon Mehta’s assurance that no third-party rights would be created until further order, the bench said: “Alleging contempt of the said order one contempt petition has already been filed before this court… the said matter is kept for hearing on 11.11.2024. We direct that the instant petitions shall also be kept for hearing along with… on 11.11.2024.”

Gyanvapi survey snub

A court in Varanasi on Friday rejected a petition by the Hindu side seeking a survey through excavation of the entire Gyanvapi complex.

The lawyer representing the Hindu side, Madan Mohan Yadav, said civil judge, senior division, Jugal Kishore Shambhu rejected the petition.

Following a July 2023 order of the district court, the Archaeological Survey of India (ASI) carried out a scientific survey of the Gyanvapi premises, located next to the Kashi Vishwanath temple, to determine whether the mosque was constructed over a pre-existing structure of a Hindu temple.

The ASI submitted itssurvey report to the district court in a sealed cover onDecember 18.

The survey was ordered by the court after the Hindu petitioners claimed that the 17th-century mosque was built by demolishing partsof a temple.