DIPAK MISRA,CJI - (1.) 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 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 amount should be payable by the State Government." ;