The pathway leading to the Haji Ali Durgah at Worli in South Mumbai will be free from encroachment within two weeks. The Dargah, which stands on rocky outcrop in the sea, is connected to the shore by a pathway. This pathway is encroached upon which needs to be cleared.
The Bombay High Court on Monday directed the Brihanmumbai Municipal Corporation (BMC) to demolish all unauthorised permanent structures on the pathway leading to the Haji Ali durgah within two weeks time. The court order came following a petition filed by the Haji Ali Trust, which looks after the affairs of the durgah in June 2005.
In August 2006, the HC had asked the Deputy Collector (Encroachment), BMC, to verify the legality of the structures on the pathway leading to Haji Ali. The deputy collector had submitted a report that only three structures were legal on the pathway, whereas 20 other structures were illegal.
Government pleader Amjad Sayed told the court on Monday that following the verification by the deputy collector, demolition notices were issued to the owners of the unauthorised permanent structures.
However, after the demolition notices were issued, some owners of the illegal structures had approached the Commissioner, Konkan Division challenging the order of the deputy collector. Besides, four others have filed petitions for stay in the high court itself which are pending, said Sayed.
Leaving the structures, which have appeal and litigation pending, the division bench of Justice JN Patel and Justice SC Dharmadhikari directed the corporation to demolish the remaining illegal structures on the pathway to Haji Ali Durgah.
Last year, the HC had appointed a commissioner to examine the issue, said advocate for the Trust, SJ Chaurasia. Commissioner's report, which was submitted in August 2006 revealed that there were twenty unauthorised permanent structures along the pathway.
The court had then instructed petitioners to submit this report to the deputy collector, who is to verify the status of these structures and take appropriate action. After verifying its legality, the deputy collector had issued demolition notices to the illegal structures.