Demolished Islamic structures were illegal: Gujarat collector to Supreme Court

The Gir Somnath District Collector on Tuesday defended the demolition of Islamic structures in the area on the ground that the structures stood on public land abutting the Arabian Sea [Summast Patni Musslim Jamat v Rajesh Manjhu the State of Gujarat and ors].

In a counter-affidavit filed before the Supreme Court, Collector Digvijaysinh Jadeja stated that the demolition was not in violation of the earlier order of the top court which had banned authorities from demolishing properties of those suspected of criminal activities (a move often referred to as "bulldozer justice") without first seeking the Court's permission.

The Court in that order had also clarified that its order would not affect the demolition of illegal structures.

The demolitions in Gir Somnath is within the exception carved out by the Court order, Jadeja's affidavit said.

"The said encroachments are on Government lands abutting a water body, being the Arabian Sea; and, therefore, the action of the Respondents clearly falls within the exceptions carved out by this Hon'ble Court, in its Order dated 17.09.2024 ... The removal of encroachments has been part of a continuous drive undertaken by the Revenue authorities of District Gir Somnath to ensure that the valuable Government land abutting the waterfront (Arabia Sea) is freed-up of encroachments ... the Respondent authorities have acted in accordance with law; and have not committed any contempt of any orders of this Hon'ble Court," the affidavit said.

Jadeja further submitted that he holds the apex court in the highest regard and does not seek to affect its majesty or disobey its orders.

The affidavit was filed through advocate Deepanwita Priyanka in response to a contempt of court petition against the Collector and other officials over the alleged illegal demolition of the Dargah Mangroli Shah Baba, Eidgah and several other Islamic structures located in Prabhas Patan, Veraval and Gir Somnath.

The contempt petition was filed through advocate Anas Tanwir and drafted by advocates Ebad Ur Rahman and Juned Shelat.

Senior Counsel Sanjay Hedge for the petitioners today before the apex court and pointed out that even religious structures like the Haji Ali Dargah in Mumbai abut the sea.

A Bench of Justices BR Gavai, Prashant Kumar Mishra and KV Viswanathan adjourned the matter by three weeks to enable the petitioners to file a rejoinder to the affidavit.

In his affidavit, Jadeja tendered an 'unconditional, unqualified, bonafide and sincere' apology for any alleged contemptuous conduct on his part but contended that the petitioner had wrongly painted the issue with a communal colour.

"It is unfortunate that the Petitioner, in the captioned Petition, has given a communal colour to the work performed by the Respondents, which is far from the truth, as would be evident from what is submitted herein after ... the Petitioner has not established its locus while filing of the captioned Petition; or as to how it stands affected by the actions of the Respondent authorities. The Petitioner is not affected by the removal of the encroachments," it was contended.

Further, the petitioner has not come to the court with clean hands since a similar petition has been filed before the Gujarat High Court as well, the Collector pointed out.

"A very similar petition has been preferred before the Hon'ble High Court of Gujarat - on the basis of largely identical pleadings (with cosmetic changes); and placing reliance of some common Annexures (including a bundle of photographs arranged in a an entirely common sequence)".

The ownership of the land from where the alleged encroachments were removed are government lands abutting the sea, it was underscored.

The Supreme Court had earlier declined to issue any order to stay the demolition drive in question or pass an order of status quo.

The Court had assured that it would order the State to rebuild demolished structures, if it finds that any such action was taken in violation of the Court's earlier directions against illegal demolitions or "bulldozer justice."