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Showing contexts for: gopal subramanium in Haji Ali Dargah Trust vs Sahayak, A Socio Legal And Educational ... on 13 April, 2017Matching Fragments
2. It is necessary to notice, that the extent of the alleged encroachment is apparent from a notice issued by the Deputy Collector (E/R), dated 22.03.2017 (under section 50(3) of Maharashtra Land Revenue Act, 1966), wherein, consequent upon a spot inspection , coupled with inputs obtained from the Google map, it was assessed that an area of approximately 908 square meters stood unauthorisedly encroached.
3. Mr. Gopal Subramanium, learned senior advocate appearing for the petitioner – Haji Ali Dargah Trust, pointed out, that at the same location, there exists a functional mosque, which covers an area of about 171 square meters. It is submitted, that the above mosque has been with the petitioner – Trust, on lease, since 1931. It is contended, that the said lease is still valid and subsisting. He therefore vehemently contended, that the removal of encroachment should not extend to the area of the above mosque.
5. We place on record our appreciation, of the offer made by the petitioner before this Court. We hereby allow the petitioner – Haji Ali Dargah Trust, to remove all the remaining encroachments, besides an area of 171 square meters of the lease area, over which the mosque subsists. Mr. Gopal Subramanium, learned senior advocate also states, that the removal of the encroachments will be to the satisfaction of the Joint Task Force, mentioned in the impugned order. The petitioner – trust, has additionally assured this Court, that the entire encroachment shall be removed, on or before 08.05.2017.