 "Gujarat demolition: SC defers hearing on contempt plea against authorities")
The Supreme Court on Wednesday deferred hearing on a contempt plea against Gujarat authorities for allegedly illegally demolishing residential and religious structures in the state despite an interim stay and without its prior nod.
A bench of Justices B R Gavai, P K Mishra and K V Viswanathan listed the plea after three weeks.
The plea seeks initiation of contempt proceedings against state authorities for alleged violation of the apex court's September 17 order that there shall be no demolition of properties, including of those accused of crimes, across the country without its permission.
At the outset, a lawyer sought pass-over of the hearing on behalf of the solicitor general representing the state authorities.
Senior lawyer Sanjay Hegde, appearing for the petitioner, said the state has filed a response to the petition and he wanted to file the rejoinder submissions.
"Their defense is that (the structure demolished) was near the Arabian Sea. What prevented them from seeking permission from your lordships," the senior lawyer said.
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On October 4, the top court cautioned the authorities, saying it will ask them to restore the structures if it finds they acted in contempt of its recent order against such action.
The bench, however, refused to pass an order of status quo on the demolition near the Somnath temple in Gujarat.
On September 28, authorities in Gujarat carried out a demolition drive to clear encroachments on government land near the Somnath temple in Gir Somnath district.
The administration said religious structures and concrete houses were demolished during the drive that freed around 15 hectares of government land valued at Rs 60 crore.
On October 1, the apex court reserved its verdict on a batch of pleas alleging that properties, including those accused of crime, were being demolished in several states.
The top court said it would lay down pan-India guidelines on the demolition of properties. It said in its September 17 order that it would continue till it decides the matter.