Saturday, June 16, 2012

India: Wakf Board all set to resume encroached land in Malkajgiri

India: Wakf Board all set to resume encroached land in Malkajgiri
HYDERABAD, (Times of India): The AP State Wakf Board is planning to resume Koh-e-Imam-e-Zamin Dargah property in Malkajgiri in the city following the Supreme Court on Tuesday dismissing a petition filed by Qamar Hasan Razwi who had claimed that he was the rightful mutawalli (custodian) of the dargah.

APSWB chairman Syed Shah Ghulam Afzal Biyabani said the board would first prepare a list of tenants and encroachers on the property which is spread over 210 acre in two villages and under a number of survey numbers.

According to standing counsel of the board Mir Masood Khan, Qamar Hasan Razwi had claimed in 2008 that he was appointed as temporary mutawalli of the dargah, a Shia wakf institution. The following year he claimed that he was the permanent mutawalli.

In 2011, the board took over the management of the dargah which was challenged by Razwi in the high court. The court directed the matter to the Wakf Tribunal that passed an order in favour of Razwi. The board then went back to the high court wherein the tribunal orders were set aside.

Razwi then filed a SLP in the Supreme Court earlier this year. The board reacted by appointing counsels Abhishek Sanghvi and Imtiyaz Ahmed to counter the SLP. The matter came up before the bench of Justice B S Chowhan and Justice Deepak Mishra on Tuesday who after hearing the both the parties disposed the SLP.

The property was endowed to the dargah of Koh-e-Imam-e-Zamin about 200 years ago. There has been no hereditary mutawalli of the dargah since.

The Wakf Board has an uphill task before it. It had run into confrontation with the government earlier which had claimed ownership of part of the property. Some 40 acres of land was acquired later for which Rs 4 crore compensation was paid to the board. "Evicting encroachers and re-working the lease terms with tenants are not going to be easy. Until now, the board has not repossessed such a large extent of its own land. Against this background the board has to come up with innovative ways of working on the property for saving it from attempts to take it over," observers said.

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