New Delhi: The Supreme Court on Friday declined to order a status quo on the demolition of Muslim religious sites in Gir Somnath after the Gujarat government assured the Court that the land in question would not be transferred to any third party.
A Bench led by Justice B.R. Gavai and Justice K.V. Viswanathan initially considered issuing a status quo order but later refrained after hearing the State’s arguments.
Senior Advocate Kapil Sibal, representing the Auliya-e-Deen Committee, argued that the land was registered under the Waqf Act and questioned how the government could proceed with demolition activities.
He noted, “This land was given to us in 1903, and now they are high-handedly moving forward with demolitions.”
Solicitor General Tushar Mehta, representing the State of Gujarat, read the deed, stating that the land was under the Somnath Trust.
He argued that the petitioner misrepresented ownership details, pointing out, “This land is with the Somnath Trust; it is used for government purposes, and no third-party transfer is intended.” Mehta further stated that previous petitions challenging the land's ownership had been dismissed.
Justice Gavai asked for clarification on whether the petitioner filed all relevant documents.
SG Mehta confirmed, asserting that the petitioner had withheld details regarding the current land use for government offices.
Sibal argued that a stay issued by the Collector was still active, to which Mehta responded that this claim was false.
Justice Gavai then asked Mehta to review the Collector’s order, and Mehta confirmed that they would comply with the Collector's directions.
The Court recorded Mehta’s assurance that pending further orders, the land would remain with the government and not be transferred to any third party. Consequently, the Court concluded that a formal interim order was unnecessary, emphasizing that the ongoing proceedings in the High Court could continue without interruption.
The dispute involves a Special Leave Petition (SLP) filed by the Auliya-e-Deen Committee through its Mutawalli, Ismail Bhai Rahim Bhai Chel, represented by Advocate-on-Record Ejaz Maqbool, challenging an order by the Gujarat High Court dated August 9, 2024. The petitioners alleged that demolitions conducted on October 8 and 9, 2023, including graves and a graveyard, violated an earlier January 19, 2016, order granting status quo on these properties.
The petitioner argued that, under Sections 83 and 85 of the Waqf Act, 1995, jurisdiction for such disputes had been transferred to the Waqf Tribunal. However, rather than transferring the case, the Gujarat High Court returned the plaint. This resulted in Waqf Suit No. 45 of 2020 before the Tribunal, which resumed from where the Civil Court had left off.
The petitioner further cited legal precedent (Anita International v. Tungabadra Sugar Works Mazdoor Sangh, 2016) to argue that no party may unilaterally disregard a Court order without proper appeal. The petitioner asserted that the January 2016 order should not have been invalidated by the plaint’s return, as proceedings continued without any break before the Waqf Tribunal.
The Supreme Court is presently hearing related petitions involving similar demolition actions in the same area. The petitioner has additionally filed an SLP concerning a demolition that occurred on September 28, 2024, in Verawal.
The Apex Court in its order said, “Pending further orders, the land remains in government possession with no third-party transfer allowed, and the High Court proceedings may continue without the Supreme Court issuing an interim stay.”
