Somnath temple
The petitioners further submitted that the inscription and the gate were protected monuments under the custody of the Archaeological Survey of India (ASI) under different laws since 1904. “Mutavalli alone signed a resolution allowing the property to be acquired by state govt for a certain amount of compensation.
“This is in violation of the Places of Worship (Special Provisions) Act, 1991, which prohibits any change in the character of a religious place that existed in 1947,” the petitioners alleged. Ahmedabad: Eight Muslim residents of Somnath have approached Gujarat High Court challenging the demolition of an ASI-protected inscription associated with a dargah and the acquisition of land by state govt for the development of Somnath temple corridor. The petitioners, leaders of various Muslim communities, filed two separate petitions through counsel Anand Yagnik, alleging that a 14th-century Persian inscription related to Pir Ahmedshah Dargah and an ancient gate in Somnath were demolished without following due process. They contended that the religious site was sought to be converted for use by Hindu devotees as part of the corridor, resulting in a change in its religious character. The petitions also challenged the Gir Somnath district collector’s role in provisionally appointing a mutavalli (caretaker), who issued a no-objection certificate for sale of the property without consulting the trustees of a consolidated trust. His application for the sale of the property was immediately approved by the state’s Waqf Board . The entire process was in violation of the acquisition laws as well as the Waqf Act, which strongly prohibits sale of any waqf property,” Yagnik submitted. “Without obtaining permission from ASI, the ancient structure was demolished and the locals recovered the inscription from the rubble. The district collector was issued a notice by ASI for the unauthorised demolition,” the petitioners’ lawyer stated.
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After hearing both sides, Justice Devan Desai on Tuesday reserved the order on the petitions.