How does Waqf Board take possession of someone’s land? Explained through 3 cases in Gujarat

August 15, 2024
Faith Gujarat India

Gandhinagar: The Union Government introduced the Waqf (Amendment) Bill, 2024, in the Lok Sabha on August 8, 2024. The bill proposes several changes, including appointing the District Collector as the primary authority for determining whether a property should be classified as waqf or government land, thereby shifting this responsibility from the Waqf Tribunal.

This comes at a time when a pattern has been observed in Gujarat over the past few years, where individuals and trusts have been legalizing their illegal land possessions by notifying the Waqf Board.

Here are three cases where the Waqf Board has converted illegal possessions into legal ownership:

Case Number 1 (Devbhoomi Dwarka)

This case involves the Haji Mastan Dargah located in Navadara village of Devbhoomi Dwarka district. About 40-50 years ago, a small mausoleum was built on part of an agricultural land registered in the name of Rami Ben Bhima and Ramsi Bhai Bhima. This faced opposition at the time which was suppressed under in the name of faith. Later, a trust was established, and a dargah was constructed and notified by the Waqf Board.

However in reality, this agricultural land was never converted to non-agricultural use before construction. There is no record of the dargah on this land in the revenue records. Despite this, no action has been taken against the dargah due to its notification under the Waqf Act. A year ago, the administration demolished large-scale illegal constructions in Navadara village but did not act against the Haji Mastan Dargah due to its Waqf notification.

The real owners of the land are now trying to prove that the trust under the Waqf has illegal possession of the land.

It is also noteworthy, that following a demolition drive two years ago in Dwarka and Jamnagar districts, many trusts quickly got their properties notified by the Waqf Board. As a result, 341 properties are now registered with the Waqf Board in these districts, with 199 in Jamnagar and 142 in Dwarka. About 500 applications are still pending with the State Waqf Board, with individuals rushing to get their properties registered to avoid demolition.

Case Number 2 (Jamnagar)

The Ratan Bai Masjid Market in Darbar Gadh of Jamnagar illustrates how trusts exploit properties after they are notified by the Waqf Board. This market, has existed for about 100 years, the shops here were originally rented by the ancestors of the current shopkeepers. After the mosque came under the Jumma Masjid Committee, the shopkeepers operated on rent letters. However, following the amendment to the Waqf Act in 2013, the property was notified by the Waqf Board, and the trust increased the rent many folds. Since the implementation of the Waqf Act, the shopkeepers have been unable to seek recourse through the Civil Procedure Code or the Rent Act and have been struggling with the Waqf Tribunal to protect their businesses.

One of the shopkeeper, Rajesh said, “Our shop is very old. We have been running it for 70-80 years. We don’t agree with the Waqf Board’s regulations. All shopkeepers were given a notice for a rent increase to ₹10,000. Our current rent is ₹70 and ₹10,000 rent is excessive and unacceptable. I have been running Jumma Masjid shop for the past 15 years. I purchased the shop for ₹40 lakhs and paid ₹15 lakhs to the mosque. Now, they have increased the rent and are asking us to vacate the shop. What about the ₹15 lakhs we paid to the mosque? We are pursuing legal action on this matter.”

Rashid Ahmed said “I have been operating a sugarcane juice shop for the past 10-15 years. I have seen the trust change twice. While previous trusts did not harass us, the current one is. They are now enforcing the Waqf Board’s regulations, demanding increased rent or threatening to seal the shop. My previous rent was ₹136; now I pay ₹1,000, and they are demanding ₹7,000.”

Case Number 3 (Surat)

The Surat Municipal Corporation (SMC) has retained its rights over the Mughalsarai building. The Waqf Tribunal recently ruled in favor of the SMC, overturning the Waqf Board’s earlier order that declared the building a Waqf property. The dispute began in 2015 when 72-year-old Abdullah Jarullah claimed that the Mughalsarai building was Waqf property. The Waqf Board approved this claim in 2021, prompting the SMC to challenge the decision before the Waqf Tribunal.

The SMC argued that it had been in possession of the building for over 150 years and provided documentary evidence, including a charter copy from the British Raj Collector and a property card listing the SMC as the owner. The SMC also noted that the building was not listed as Waqf property in the 1995 Waqf Act compilation.

Conversely, Abdullah Jarullah presented photocopies of Persian inscriptions from the Mughalsarai building, currently held in the Prince William Museum in Mumbai, as evidence of the Waqf status. However, the Waqf Tribunal found these photocopies insufficient, noting they were not original documents and that Jarullah had not established himself as the true trustee.

The Waqf Tribunal emphasized the lack of concrete evidence from Abdullah Jarullah and the long-standing possession of the property by the SMC. The tribunal concluded that the Waqf Board’s decision was based on insufficient evidence and violated procedural fairness. Consequently, the SMC retained control of the Mughalsarai building.

 

#WAQF Board

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