Supreme Court Declines to Hear Petition on Bulldozer Action Near Somnath Temple

Supreme Court Declines to Hear Petition on Bulldozer Action Near Somnath Temple

The Supreme Court has refused to entertain a petition challenging the demolition of alleged illegal constructions near the Somnath temple in Gujarat. The petition sought permission to celebrate Urs at a dargah located near the temple, but a bench led by Justice BR Gavai declined to hear the case.

Claims and Counterclaims in the Case

The counsel representing the Muslim community argued that Urs has been celebrated at the dargah for years. However, the administration denied permission for the festival this year, asserting that no dargah exists at the site. The petitioner claimed that official records dating back to 1960 mention the dargah, and the festival has been conducted annually under specific conditions. Furthermore, they stated that the dargah, reportedly established in 1299, is a protected monument but has been demolished.

On behalf of the Gujarat government, Solicitor General Tushar Mehta stated that the land was transferred to the Sardar Patel Trust in 1951. He asserted that illegal constructions belonging to various religious groups, including temples, were removed from the area. He further noted that the main case is pending in the High Court, and the Archaeological Survey of India (ASI) has confirmed that no protected structure existed at the site.

Supreme Court’s Stand on Bulldozer Action

On October 4, 2024, the Supreme Court refused to halt the demolition near the Somnath temple. The court remarked that if officials were found to have violated its orders, they could face imprisonment and be directed to restore the status quo. A contempt petition was filed, alleging that despite court directives to pause the demolition, large-scale clearance operations were carried out. The petition sought contempt action against the Gir Somnath collector and other officials.

Previously, on September 17, 2024, the Supreme Court had issued an order restraining states from using bulldozer action as punitive measures against accused individuals. The court ruled that until the next hearing, no demolition should take place without judicial approval. However, it clarified that encroachments on public roads, footpaths, or railway lines could still be removed, as there was no restriction on such actions.

This legal battle continues as both sides await further rulings from the High Court and Supreme Court regarding the disputed demolitions near the Somnath temple.

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