Headline
The Supreme Court of India rejects interim stay on Islamic Structures demolition in Gujarat.
Summary
The Supreme Court of India rejected a status quo order on the demolition of Islamic structures in Gujarat. The decision came after Solicitor General Tushar Mehta guaranteed that the land would remain with the government and not be allotted to 3rd parties.
Key Facts
- Case Name: Auliya-E-Deen Committee vs. State of Gujarat
- Judges Name: Justice BR Gavai and Justice KV Viswanathan
- Date: Supreme Court hearing on a special leave petition(SLP) challenging High Court of Gujarat October 3 order.
- Senior Advocate Kapil Sibal argued the land belonged to the Auliya- E-Deen Committee, registered under the Waqf Act
- SG Tushar Mehta presented documents showing land under the possession of Somnath Trust.
- No interim stay ordered; Gujarat High Court to continue hearing.
Legal Insights
The Supreme Court of India refrained from a status quo order after the government guaranteed it would not allot the land to 3rd parties, showing the significance of government possession in the interim.
Impact
The decision permits the process of demolition to proceed while ensuring the land remains under state control, pending further legal review.
Why It Matters
This case highlights the legal difficulties of land ownership involving religious entities and government control, with significant implications for similar cases.
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