Demolitions in Gujarat: If authorities in contempt will ask them to restore structures, says SC

The Supreme Court on Friday said if it finds that authorities in Gujarat acted in contempt of its order on demolition of properties, it will ask them to restore the structures.

A bench of Justices B R Gavai and K V Viswanathan was hearing a plea seeking initiation of contempt proceedings for alleged violation of the apex court’s September 17 order which had said that there shall be no demolition of properties, including those accused of crimes, across the country without its permission.

Senior advocate Sanjay Hegde, appearing for petitioner Summast Patni Muslim Jamat, said that despite the top court’s order, the authorities in Gujarat have demolished structures.

Solicitor General Tushar Mehta, appearing for the Gujarat authorities, said the structures were abutting the sea and were around 340 metres away from the Somnath temple.

“This falls within the exception carved out by your lordships,” the top law officer said.

In its order last month, the SC had said, “We further clarify that our order would not be applicable if there is an unauthorised structure in any public place such as road, street, footpath, abutting railway line or any river body or water bodies and also, to cases where there is an order for demolition made by a court of law”.

During the hearing on Friday, the bench observed, “If we find that they are in contempt of our order, not only we will be sending them to jail but we will ask them to restore all this.”

Without issuing a notice on the plea, the bench asked Mehta to file his reply and posted the matter for hearing on October 16.