THE STATE OF GUJARAT vs I.R.C.G. Supreme Court, 29-08-2017
| Judge | HON'BLE THE CHIEF JUSTICE, HON'BLE MR. JUSTICE PRAFULLA C. PANT, HON'BLE DR. JUSTICE D.Y. CHANDRACHUD |
| Court | Supreme Court (India) |
| Date | 29 August 2017 |
| Parties | THE STATE OF GUJARATI.R.C.G. |
| Docket Number | C.A. No.-003249-003249 / 2016 |
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REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.3249 OF 2016
State of Gujarat and Another … Appellant(s)
Versus
The I.R.C.G. and Others …Respondent(s)
J U D G M E N T
Dipak Misra, CJI
The present appeal, by special leave, assails the
judgment and order dated 8th February, 2012, passed by the
High Court of Gujarat in Special Civil Application No. 3023 of
2003 with Civil Application No. 6115 of 2004.
2. The essential facts that need to be stated are that the
High Court was moved by way of a public interest litigation
seeking direction/order directing the State and its
functionaries to make detailed survey of the mosques,
dargahs, graveyards, khankahs and other religious places
and institutions desecrated, damaged and/or destroyed
Digitally signed by
GULSHAN KUMAR
ARORA
Date: 2017.08.29
11:42:50 IST
Reason:
Signature Not Verified
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during the period of communal riot in the State in the year
2002 under the supervision and guidance of the Court and to
immediately repair and restore the same within specified
time limit and further command the State Government to
suitably and adequately compensate the trusts and
institutions owning the said religious places. Various
assertions were made before the High Court. A counter
affidavit in oppugnation was filed by the State.
3. The High Court dwelling upon certain aspects
eventually issued number of directions. The relevant part of
the High Court order reads as follows:
“We, accordingly, pass direction upon the State
Government to give compensation in favour of the
persons in charge of all the religious places
including those of worship, which were damaged
during the communal riot of the year 2002 for
restoration to the original position, as those existed
on the date of destruction.
We find that during the long pendency of this
litigation, many of those places of worship have
been repaired. Nevertheless, the persons in charge
of those places would be entitled to get
reimbursement of the amount spent for restoration
of those places by production of evidence of
expenditure incurred by them for the above
purpose, as there is no waiver of fundamental
right. We, however, make it clear that if at the
time of repair, further additional construction has
been made in excess of the one existed at the time
of damage, for such additional construction, no
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amount should be payable by the State
Government.”
4. After so stating, the High Court has appointed all the
Principal District Judges of the various districts in the State
and in the area under the jurisdiction of the City Civil Court,
the Principal Judge, City Civil Court as the Special Officers
for deciding the amount of compensation for the restoration
of those religious and places of worship situated within the
territorial limit of their respective court. After so directing,
the High Court further proceeded to state that the aggrieved
persons should lodge their respective claim with those
Special Officers within two months from the date of judgment
supported by the documentary evidence they propose to rely
in support of their claim of damages; and that apart, they will
be entitled to adduce oral evidence to prove the exact
position of the structure as it stood at the time of causing
damages. After so stating, the High Court directed as under:
“The State Government will also be entitled to give
written statement and oral and documentary
evidence in support of its defence. Such written
statement must be filed within one month from the
service of the claim-application. The learned
Special Officers on consideration of the entire
materials on record will decide the matters and fix
the amount of disbursement, if proved to have
been incurred by them. In the cases, where the
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