Supreme Court asks Haji Ali Dargah Trust to remove encroachments by May 8

New Delhi: The Supreme Court on Thursday asked the Haji Ali Dargah Trust to remove the encroachments in a 908 sq mt area around the famous Mumbai mosque by May 8 while making it clear that the area containing the shrine will remain protected.

The order was passed after the Haji Ali Trust volunteered to take up the task of removing the encroachments.

A bench headed by Chief Justice J S Khehar also said that the removal of the encroachment will be subject to the satisfaction of the two authorities indicated in the Bombay High Court order of February 10.

The High Court had ordered the formation of a joint task force comprising the Municipal Corporation of Greater Mumbai and the Collector to remove illegal encroachments on the approach road leading to the Haji Ali Dargah.

The bench, also comprising Justices D Y Chandrachud and S K Kaul, passed the order after senior advocate Gopal Subramaniam informed that he has the instruction from one of the trustees that the trust itself will volunteer to carry out the removal and demolition of the encroachment.

"We thereby allow the trust to remove encroachments besides the 171 sq mt area covered under the lease where the mosque subsists," the bench said.

While appreciating the Trust for volunteering to remove the encroachments, the bench asked it to ensure that the encroachments shall be removed on or before May 8.

The bench also clarified that in view of the offer made by the Trust, it is restraining the joint task force from removing the encroachments as ordered by the high court.