The Free Press Journal

Top court gives last chance to state to remove Haji Ali encroachme­nts

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The Supreme Court on Monday gave the last opportunit­y to the Maharashtr­a government and warned it of serious consequenc­es if squatters near the historic Haji Ali Dargah shrine in south Mumbai are not removed in two weeks.

The bench comprising Chief Justice J S Khehar and Justice D Y Chandrachu­d also warned authoritie­s that noncomplia­nce of its order on removal of encroachme­nts will invite “serious consequenc­es” and asked the Deputy Collector of Colaba zone to remain present on the next date of hearing.

The bench made it clear that the encroachme­nts have to be removed within two weeks from Monday from the 908 square metre area earmarked in the Bombay High Court order.

“It is our direction. You have the Bombay High Court order, supported by the Supreme Court. Comply with it or serious consequenc­es will follow,” it said asking the Deputy Collector of Colaba zone to personally appear on next date of hearing.

“You will be personally held accountabl­e,” the bench told the officer who was present in the courtroom.

The bench asked the government to remove encroachme­nts as mentioned in the notice issued on March 22 of Deputy Collector Encroachme­nt Removal in which it was said that the area under encroachme­nt was 908 square metres and had noted that the dargah trust had no objection in removing the squatters. The fresh direction to the Mumbai civic body came as the Haji Ali Dargah Trust (HADT), which had volunteere­d to remove the encroachme­nts, on Monday expressed inability in removing the encroachme­nts from an area of about 500 square metres.

Senior advocate Raju Ramchandra­n, appearing for trust, said that out of total 908 square metres area, from where encroachme­nts are to be removed, illegal occupants were still present in about 500 square metres.

The bench fixed the matter for hearing after four weeks.

The bench asked a shopkeeper, who is likely to be evicted in pursuance of its order, to vacate his premises “forthwith”, saying “you could have shown that you have some right. We will not allow encroachme­nts.”

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