Hyderabad: Senior Congress leader Osman Al Hajri held Telangana Wakf Board responsible for failing to defend Manikonda Jagir land in Hyderabad. His remarks came after the Supreme Court ruling in favour of the Telangana government.
On Monday, the apex court set aside an erstwhile Andhra Pradesh high court verdict upholding notification declaring a huge parcel of land as wakf property in Telangana.
The apex court held that a state, being a juristic entity, can also invoke writ powers, availed by citizens against states for the protection of fundamental rights, to enforce the right to protect its property.
It has also viewed that “the land dedicated for pious and religious purpose is not immune from its vesting with the State”. Quoting Khajamian Wakf Estates Vs State of Madras case, the bench said that Article 26 does not interfere with the State’s right to acquire property.
Speaking to Muslim Mirror, Hajri said that the judgment will have far-reaching consequences on waqf properties spread all over India. He alleged that a Tahsildar who defended the case was transferred when the case came up for hearing in Supreme Court. It is a case of nexus between Telangana wakf board and state government, he added.
While saying that the issue of wakf property does not belong to any individual, he urged all political parties to raise the issue in Assembly and Parliament. He also urged Muslims to peacefully protest against the Wakf Board’s failure to defend the land.
Apex court’s judgment
A bench of Justices Hemant Gupta and V. Ramasubramanian has pronounced the following orders
- Civil Appeals are allowed. The orders passed by the High Court are set aside. The Errata notification dated March 13, 2006 is quashed.
- The Land admeasuring 1654 Acres and 32 guntas vests with the state and/or Corporation free from any encumbrance.
Telangana government and others including Lanco Hills, Emaar Properties, and Indian School of Business, who were allotted lands by the government, filed appeals.
The high court had upheld Errata (corrected) notification of the Andhra Pradesh Wakf Board of 2006 to declare 1654 Acres and 32 guntas of state land as wakf property’, saying that when once the property is held to be wakf, it always, retains its character as a wakf and the grant of patta to service, inamdars and persons in possession, does not in any manner change, its character.
Telangana industries and information technology secretary Jayesh Ranjan welcomed the judgment and said that it provided relief to the state government and the companies built on the land.
