The Supreme Court today asked the Haji Ali Dargah Trust in Mumbai to demolish all kinds of encroachments in and around the Dargah excluding the mosque standing on 171 square metres area.
The court also assured that 171 sq mt land on which the mosque is built will be protected, but the encroachments in the remaining area have to be removed and demolished.
A three-judge bench of the apex court, headed by Chief Justice of India (CJI) Jagdish Singh Khehar, and also comprising Justices Sanjak KishanKaul and D. Y. Chandrachud, passed the interim order after hearing a plea filed by the petitioner, Haji Ali dargah trust which told the court that the encroachment portion should be removed.
The apex court also made it clear in its interim order that the Haji Ali Dargah trust will remove the alleged encroachments by May 8.
The apex court also in its order said that no court shall grant any injunction on the removal of the alleged encroachments, adding that if any party wanted some modification of the court order, it can certainly move to this court for relief.
The apex court has fixed the matter for further hearing till May 9.
The Top Court clarified that keeping in view the offer made by the Haji Ali Dargah Trust, it is restraining the joint task force from removing the encroachments as ordered by the high court.
The bench also asked the Trust to place before it for consideration before the apex court the beautification and architecture plan for maintaining the access and surroundings of the area.
It also said it will be open for any party desiring modification of its order to approach the apex court with an application in the pending petition.
During the court’s proceedings in the day, the Apex Court had asked the lawyer for the Haji Ali Dargah trust to take instruction and inform whether it was ready to assist in the removal and demolition of encroachment in the 908 sq mt area.