Following the SC's order, the trust will now clear encroachments on 908 sqm of land surrounding the mosque.
The Supreme Court on Thursday allowed the Haji Ali Dargah Trust's petition for removal of encroachments around the seaside shrine. A bench led by the Chief Justice of India JS Khehar also accepted the trust's offer to get rid of the encroachments themselves rather than allow a joint task force to demolish them.
Following the SC's order, the trust will now clear encroachments on 908 sqm of land surrounding the mosque. However, the 171 sqm of land on which the Mosque is built shall remain untouched. The trust has assured the court, that this will be done by May 8, when the holy month of Ramzan begins. The trust will also submit a beautification plan before the court by then.
The trust had approached the top court when Bombay High Court had set up the joint task force to demolish the encroachments in February. The high court had passed such an order after it ruled that no single authority had jurisdiction over the land on which the encroachments had come up. The Brihanmumbai Municipal Corporation (BMC) and the District Collector had been passing the buck for months causing delay before the court intervened on a public interest petition (PIL).
"We also direct that no court shall grant any injunction on removal of the encroachment. In case any party wants a modification of the order, it may do so by way of an interim application in this court," the bench also comprising of Justices DY Chandrachud and Sanjay Kisan Kaul ruled.
The apex court also issued notice to the BMC and the Collector on the trust's appeal against a Bombay High Court's February 10 order for removal of the encroachments in three months.
The 15th century shrine, built on an islet about 500 metres from the coast in South Mumbai's Haji Ali area draws tens of thousands of worshippers every year. Initially, it was spread over 171 square metres of land, however, over time, it increased as other structures came up.
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