Ahmedabad: The Gujarat High Court has rejected all petitions of Bet Bhadela Muslim Jamat Trust filed against the demolition of unauthorized illegal encroachments on Bet Dwarla Island by the state government. Justice Mauna Bhatt in the verdict noted that the petitions are without merit and do not call for any consideration. The High Court in its order also vacated interim relief granted earlier.

The government presenting its case in the High Court stated that the land in question is government land or gauchar land. The Petitioner, i.e., Bet Bhadela Muslim Jamat, claiming to espouse the cause in relation to the illegal structures, has no ownership, authority, right, and/or interest over the subject lands. The government resolution was unambiguous in declaring the allotted land for a specific purpose to be of the ownership of the state government only. It further prevented any committee, trust, or Waqf from transferring such land in their name.

The government pleader submitted that the encroachment removal drive is being undertaken in a phased manner. During phase 1 from 23.12.2024 to 29.12.2024 in Dwarka city, 3 houses at Hathi gate, 15 shops near Rawada Tadav, and 17 houses of Hindu Pujaris near Siddhnath temple, all belonging to the majority community, have been peacefully removed. During phase 2 from 03.01.2025 to 17.01.2025, a total of 406 residential, commercial, and religious structures have been demolished. Consequently, a total land mass of 121,746 sq. meters of government land, valued at approximately Rs. 62,72,97,000/-, has been freed of illegal encroachment. In Phase 3, the encroachment removal drive has commenced from 18.01.2025.

The government also argued that the aspect of geographical importance cannot be ignored. Because of its geographical situation, the said region has become a hub for anti-national activities, particularly smuggling of narcotics, for which FIRs have been lodged.

Regarding the notice to demolish Dargah and Madresa structures in Qabrastan land, the government side stated that the government resolution dated 12.09.1989 stipulated that if the allotted land is being used for any other purpose than for which it was allotted, the state government may take back the land without any notice without any delay. Clause in Government Resolution dated 12.09.1989 stipulated that no construction of any other nature than for which the land was demarcated was permitted. In the present case, there are huge structures constructed, as evident from the photographs presented before the court. The clause provided that ownership of the stated land is of the government. Under no circumstances can the said land be transferred to any committee or Waqf trust. Therefore, also the contention of the learned advocate for the petitioners that the land in question belongs to Waqf is contrary to the above-referred government resolutions. Further, there exists a distinction between a place of religious activity and a Qabrastan. What is to be removed is unauthorized structure construction on the graveyard. In a graveyard, huge structures cannot be erected under the guise of religious structures, that too without permission. Therefore, notices are issued for the removal of unauthorized construction, and graveyards will not be touched. On relocation, it was submitted that graveyards cannot be relocated.

The government side also argued that FIRs referred to in its reply depict that antisocial issues and elements are being faced on account of misuse of the structures in question. In the past three years, 2022, 2023, and 2024, there are a total of 38 fishermen from Devbhoomi Dwarka who have been apprehended by Pakistan authorities and have remained in jail in Pakistan. The intelligence feedback available with the District Administration has revealed that these fishermen, during their incarceration, are subjected to religious indoctrination at Madrassa and are then permitted to return to India. Moreover, it cannot be ignored that one of the structures for which notice has been issued is a school or a madrassa in a qabrastan. Learned GP submitted that a school or a madrassa for religious activity cannot be permitted to be carried out in Qabrastan.

The government side also pointed out that the land is Gauchar land, for which demolition was undertaken 10 years ago. After demolition, the entire area was cleaned up to be used for its original purpose, which is pasturage. However, once again around 150 houses and fish warehouses had been constructed on the said land, and these structures have been demolished in the demolition drive of 2022. Therefore, these drives are regular administrative exercises, and it may not be columned in the grab of religious sentiments being affected. DeshGujarat