The Gujarat High Court has summoned the Kutch district collector to appear personally on October 30 over the demolition of Mohammadi Masjid in Bhuj, after finding that his affidavit did not explain the unusually rapid action taken by local authorities.
Justice Niral Mehta issued the direction while hearing a petition filed by Sidhik Sama, a trustee of the mosque, challenging the demolition. The court said the collector’s affidavit failed to address what it described as “supernormal prompt action” by the authorities in completing the proceedings and implementing the demolition order.
The petition concerns proceedings initiated by the Bhuj rural mamlatdar under Section 61 of the Gujarat Land Revenue Code. According to the petitioner, the mamlatdar issued a show-cause notice to the mosque on June 18. The mosque management submitted its reply on June 20, but the authority had already passed a demolition order on June 19, the petition stated.
The mosque was demolished on June 21, two days after the order was issued. The petitioner argued that the management was not given an opportunity to appeal before the order was implemented and alleged that the action violated due process requirements and Supreme Court guidelines governing demolitions.
The High Court had earlier sought an explanation from the Kutch collector on October 13 regarding the speed of the mamlatdar’s proceedings. After examining the affidavit filed in response, Justice Mehta said it did not explain the conduct of the authorities or dispute the speed with which the Section 61 proceedings were concluded and the order enforced.
“Neither has it been disputed about such supernormal prompt action in concluding the proceedings under Section 61 as well as implementing the order within a period of two days,” the court said, according to the report. The court also referred to the officer involved as a “tyrant officer” while seeking details of the action proposed against him.
The court has directed the Kutch collector to remain present and explain what “corrective and/or remedial or punitive steps” he proposes in response to the conduct identified by the bench. The order places the district administration’s handling of land-related demolition proceedings under direct judicial scrutiny.
The case highlights the importance of notice, response periods and appeal opportunities in the administration of public land and built structures. The petitioner’s account and the court’s observations concern the sequence between the show-cause notice, the demolition order and the physical demolition, while the collector’s next appearance is expected to provide the administration’s explanation.
The next significant step is the collector’s personal appearance before the Gujarat High Court on October 30. The court is expected to consider the explanation and any proposed corrective, remedial or punitive action against the local officer involved.
