By Rehan Ansari, Twocircles.net,
[First of the four-part series on waqf properties in Maharashtra]
Aurangabad: “Every Muslim can be an interested party and can go to the court against the decisions of Wakf Board.” He states, “The definition of interested person is so wide in Section 3(k) of the wakf act 1995 that every Muslim automatically gets the right to worship and perform religious right in the said dargah and masjid and thus Section 83(2) of the Wakf Act automatically confers inherent right upon them to challenge every order passed by the Wakf Board.” Mr.D.U Mulla, Presiding officer of Mahrashtra Waqf Tribunal, Aurangabad, declared.
In an unprecedented decision, Maharashtra waqf board tribunal of Aurangabad has canceled the mischievous decisions taken by the Trustees of Peer Baghdadi Dargah Trust Dadar, Mumbai and set aside the order of Maharashtra Wakf Board.,
He also reiterated the right of every Mutawalli, who usually or occasionally offers namaz in the mosque, to challenge the orders in the Waqf Tribunal. The order states that, “Section 83(2) of the Wakf Act vests right in every Mutawalli to challenge any order made under the Act before the Tribunal and as such he has every right to challenge every order made relating to the Wakf wherein he is Mutawalli.”
One of the Trustee Farid Abdul Latif Noorani and others challenged the suspicious deal of the other Trustees, of Peer Baghdadi Dargah trust, Ahmed Maklai, Ismail Nakuda, Ibrahim Abdul Gaffar Merchant, Irfan Rokadiya with one of its tenants Mr. Vijay Shetty, hotelier, builder and owner of Viswa Hotel.
The Trustees rented 4000 Sq.ft. which are forbidden in the waqf act, for meager rent of Rs.2600 and maintenance of Rs.3100 per month in two agreements and for the premium of Rs70 lacs. The tenancy rights are drafted in such a way that it gave a way the ownership right to the Tenant, Mr.Vijay Shetty and cease all the rights of Trust.
Farid Noorani and others claimed that “the agreement is like a blank cheque handed over to the tenant” like trust will not increase the rent ever except taxes, tenancy will be permanent; the development rights on the said property will be to the tenant Vijay Shetty who could utilize the FSI of the said property for his commercial gain.
While Mr.Abdus Sattar of Peer Dargah committee alleged that the Trust ignored the offer of Rent of Rs.2, 50,000 per month. Trust will also loose Rs.1, 00,000 incomes from mobile antenna. The minutes books of the trust are not confirmed since last 15 years. Abuds Sattar and other also alleged that when they complained about it to the Wakf Minister of Maharashtra Mr. Arif Nasim Khan he denied to accept the complaint letter.
When some of the Mutawallis reported it to the Wakf board, then Wakf Board of Maharashtra increased the premium to Rs.86 lacs and rent plus maintenance to Rs. 16800 per month. While the Peer Dargah committee member suggests that the value of the said area is nearly Rs.15 Crore.
Noorani and other complainants went to the tribunal where the tribunal cancelled the lease on the ground that no trust can lease the wakf property for more than 3 years without the prior permission from the Wakf Board.
Mr. D.U Pathan came down heavily on the Maharshtra Wakf Board and noted that the Board has adopted the report of CEO Mr. Kadri as it is. He further noted in his judgment, “from the tenor of the Wakf Board resolution it is no where depicted that the validity of the transaction in views of Section 56 is examined. The resolution of the Wakf Board is based on only one sided picture of the frame; the other side is not at all considered.
When TwoCircles.net tried to contact Ismail Nakuda he did not attend the phone call.