Authority: Supreme Court of India

Order Date: 17 September 2026

Case Overview

  • Parties: Petitioners – Haji Ali Dargah Trust; Respondents – Sahayak, A Socio Legal and Educational Forum & others, including the State and Mumbai Municipal Corporation.
  • Background: The Trust sought relief against a High Court order dated 10 February 2017 (PIL No.10/2016) directing removal of an alleged encroachment on the approach road to Haji Ali Dargah.
  • Encroachment Details: A notice issued by Deputy Collector (Encroachment/Removal) Ashok Haribhau Mundhe on 22 March 2017 identified 908 square metres of unauthorised encroachment under Section 50(3) of the Maharashtra Land Revenue Act, 1966. The Trust acknowledged the notice and raised no objection to removal of this area.
  • Mosque Lease Exception: Senior Advocate Gopal Subramanium highlighted that a functional mosque (the Kinara Mosque) of 171 square metres has been leased to the Trust since 1931 and the lease remains subsisting. The Trust offered to remove the entire encroached area except this 171 sqm mosque space.
  • High Court Directions: The High Court had directed formation of a Joint Task Force (including the Municipal Commissioner, the Collector, and Police assistance) to remove the encroachment within three months from the order date, with an original removal deadline of 09 May 2017.
  • Supreme Court Proceedings: During the hearing, Deputy Collector Mr. Ashok Haribhau Mundhe appeared in person and was directed to remove the 908 sqm encroachment within two weeks of the hearing, with a warning of serious consequences for non‑compliance. The Court also noted IA No.43446/2017, finding no justification for an injunction and ordering immediate clearance, threatening forcible eviction if not complied with.
  • Modification of Orders: The Court accepted the Trust’s offer, allowing it to remove all encroachments except the 171 sqm mosque area, with the Trust committing to complete removal on or before 08 May 2017. The Joint Task Force was restrained from acting, pending the Trust’s self‑removal.
  • Kinara Mosque Regularisation: An interim order dated 14 July 2017 stayed demolition of the Kinara Mosque until the Maharashtra State Government decides on the Trust’s regularisation application. The Court directed the State Government to decide within one week (later extended to six months from the date of the order) and to coordinate with the Central Government if required.
  • Further Directions: The Court granted liberty to the Trust to submit a beautification/architectural plan for the cleared area and to serve notice on respondents through their counsel before the High Court. A notice was issued, returnable on 09 May 2017.
  • Disposition of SLP: Finding that the impugned High Court order had already been given effect, the Supreme Court declined to entertain the Special Leave Petition further and disposed of it, reserving liberty for the Trust and the impleading applicant to seek relief in appropriate forums.
  • Subsequent Applications: The Court approved IA No.113568/2018 (substitution of the original impleading applicant, Mohammad Abdul Shaikh) and IA No.26291/2018 (impleadment of the same applicant). The amended memo of parties was to be incorporated. All pending applications, including the impleadment applications, were ordered disposed of.

Final Outcome

  • The Supreme Court affirmed the High Court’s encroachment‑removal directive, authorised the Trust to execute removal (excluding the 171 sqm mosque), and set timelines for the State Government’s decision on the Kinara Mosque regularisation. The Special Leave Petition was dismissed, and all ancillary applications were closed on 17 September 2026.

Topics: Court Orders, Land Encroachment, Religious Trust