'Action On Encroachments Abutting Arabian Sea', Gujarat To SC Denying Illegal Bulldozer Action

New Delhi: Gujarat Government on Wednesday submitted its affidavit in Supreme Court in response to a contempt petition filed against its by an oganisation Summast Patni Muslim Samaj, seeking contempt action against the Collector of Gir Somnath and other officials. The petition complained of “illegal demolition action" (Bulldozer action) against Dargah Mangroli Shah Baba, Eidgah, and several other structures located in Prabhas Patan, Veraval, Gir Somnath “in violation of SC orders staying bulldozer action” In its defence , Gujarat government submitted in its affidavit that the subject properties were encroachments on Government lands abutting a water body, (being the Arabian Sea) which were exempted from the SC order dated 17.09.2024 and therefore they were liable to be demolished The Gujarat government said in the affidavit: “It is submitted that while passing the said order dated 17.09.2024, and even on the proceedings that took place after the said order, this Hon'ble Court has been categorical in stating that the stay on demolition does not apply to encroachments on "public places" and Government lands. It is submitted that "public place" specifically included "water bodies" as per the order dated 17.09.2024.” “ In the present case, it is respectfully submitted that after noting the said exception carved out by this Hon'ble Court in larger public interest, the Respondent authorities continued the process of removal of encroachments from Government lands, which had been ongoing, after following due process of law. It is unequivocally submitted that the said encroachments are on Government lands abutting a water body, being the Arabian Sea; and, therefore, the action of the Respondents clearly falls within the exceptions carved out by this Hon'ble Court, in its Order dated 17.09.2024” The Summast Patni Muslim Samaj in the petition filed through Advocate-On-Record Anas Tanwir had argued that the demolition was in violation of SC stay order dated 17th September 2024 on unauthorised bulldozing across country till the apex court formulated a pan-India policySC Bench led by Justice B R Gavai had ruled that there shall be no demolition except in case of proved encroachment on public road/railway/ abutting water bodies