Supreme Court declines status quo order on Gir Somnath demolitions after Gujarat assurance

The Supreme Court on Friday declined to pass a status quo order on a demolition drive in Gujarat by which Islamic structures and houses of Muslims were allegedly illegally demolished in the Gir Somnath district of the State[Auliya-e-deen Committee v. State of Gujarat and Others]..A Bench of Justices BR Gavai and KV Viswanathan found that passing an interim order was unnecessary after Solicitor General (SG) Tushar Mehta, appearing for the Gujarat government, assured the Court that the land would remain with the government and not be allotted to any third party until further orders."Learned SG says that until further orders, possession of land shall remain with government and shall not be allotted to any third party. In this light, we don't find necessary that any interim order be passed. We further clarify that the pendency of present SLP should not be construed as stay on the proceedings and High Court can continue with the matter," the Court said..The Court was hearing a special leave petition (SLP) by the Auliya-E-Deen Committee against a Gujarat High Court order of October 3 that refused to order status quo on the demolition..Senior Advocate Kapil Sibal, representing the Auliya-E-Deen Committee, contested the demolition, arguing that the land, which dates back to 1903, was previously registered in the Committee's name.Sibal further argued that the demolitions were carried out in a high-handed manner without proper regard for the legal and historical status of the land. He maintained that the land was registered under the Waqf Act and questioned how the government could proceed with demolition without resolving ownership..SG Mehta presented documents indicating that the disputed land was now in possession of the Somnath Trust. He argued that the petitioner’s claims regarding ownership were misleading, highlighting that previous appeals to recognise ownership had been dismissed. According to Mehta, the government had the legal right to remove what he described as "illegal constructions.".Thereafter, Sibal read out an order issued by the district collector, alleging that the demolitions violated this directive.Justice Gavai requested Mehta to confirm the conditions outlined by the collector, emphasising that any use of the land must align with the collector’s guidelines.Mehta agreed, affirming that the government would abide by these conditions and that the land would be used for departmental purposes as intended..Although the Court initially leaned toward granting a status quo order, it refrained from doing so after recording the SG's assurance. The final order did not impose an interim stay but clarified that Gujarat High Court could continue hearing the matter..[Read Order]