On Monday (28th April), the Supreme Court directed the Gujarat government to limit the height of the compound wall being constructed to prevent encroachment at a demolition site near Gir’s Somnath Temple. According to the apex court, compound walls are normally 5-6 feets high and it should be enough to protect the site from encroachment.
The court issued the directive to the Gujarat government while hearing contempt petitions related to the demolition of illegal structures near the Gir Somnath temple. During the proceedings, petitioners told the Supreme Court that a 12-ft compound wall is being constructed by the authorities at the site. This prompted the apex court to ask the Gujarat government to issue appropriate instructions to its Collector.
The issue was raised by petitioners counsel Sanjay Hegde before a bench comprising Justices BR Gavai and AG Masih. Hegde lamented that despite the pendency of the contempt proceedings, the state authorities were doing construction near the site.
Gujarat government’s counsel Solicitor General Tushar Mehta opposed Hegde’s submission saying that only a compound wall was being erected at the site to prevent encroachment.
Mehta further pointed to his earlier statement, recorded by the Court in its order, to the effect that no activities, including Hindu religious rituals, are being permitted on the “government land which was under encroachment”.
Regarding the allegation around the construction of a “12-ft wall” at the site, Tushar Mehta contested that it’s a mere oral assertion adding that there is nothing on record to indicate that a 12-ft high wall is being constructed.
He further mentioned that the government can erect a compound wall to protect the land from encroachment adding that it is not as if construction can quietly be carried out inside even if a 15-ft wall is constructed.
SG Mehta noted, “This is the land adjacent to Somnath temple. I have made a statement that it will not be used for any purposes. What we are doing is, constructing a compound wall so that there is no encroachment…the position remains as it is. It’s government land, there is no doubt we can always protect government land by creating a compound wall.”
Following which the apex court asked a pointed query forcing Hegde to concede that as of now, only a compound wall is being erected. Urging the status quo, Hegde resorted to fearmongering, expressing apprehensions about further construction that might follow.
Following the arguments, Justice Gavai said, “If they make any other construction, you come before us, we will certainly protect you”.
Regarding the allegations that a 12-feet compound wall is being constructed at the site, Justice Gavai posed a specific query to SG Mehta saying that compound walls are normally 5-6 ft high adding that the state should issue appropriate instructions to its Collector.
Justice Gavai told SG Mehta, “Don’t have a 12-ft wall. If you are protecting it, 5 ft, 6 ft is enough. Make it a reasonable height. Why do you want to have a 12 ft compound wall? You better instruct your Collector.”
Brief Background in Gir Somnath demolition drive
After the Supreme Court’s nationwide stay on demolitions (September 17, last year), contempt petitions were filed against Gujarat authorities for allegedly demolishing Muslim religious and residential sites without notice, violating the Court’s order. While the Court sought responses, it declined to halt demolitions, accepting Gujarat’s claim that they targeted public encroachments. Gujarat later assured the Court that cleared lands would not be reallotted pending further hearings.
