Syedna moves HC, challenges stay on construction on Baramati plot

MUMBAI: Syedna Mufaddal Saifuddin, the leader of the worldwide Dawoodi Bohra community, has approached the Bombay high court challenging orders passed by the Divisional Waqf Board of Pune Division and the Baramati Municipal Corporation on April 8, 2022, stopping the construction on a plot of land in Baramati

MUMBAI: Syedna Mufaddal Saifuddin, the leader of the worldwide Dawoodi Bohra community, has approached the Bombay high court challenging orders passed by the Divisional Waqf Board of Pune Division and the Baramati Municipal Corporation on April 8, 2022, stopping the construction on a plot of land in Baramati.

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The stop work notice was issued after the municipal corporation received a complaint objecting to the construction claiming that the plot was notified as Wakf property and any construction on it has to have permission from the Wakf board. However, the leader claimed that the land was purchased through a sale deed and construction had started after securing all the requisite permissions from the corporation on March 26, 2021.

In the last substantive hearing on June 28, 2022, the counsel for the leader had submitted that only the mosque on the plot fell under the jurisdiction of the Wakf board but the remaining land was under the charity commissioner and hence, there was no need for permission from the board.

The HC had, however, restrained continuation of construction activity till further orders. Thereafter, though the petition was listed a number of times, it was not heard, and the stay continues.

According to the petition filed in April 2022 through advocate Tushar Sonawane, the community had purchased more than 10,700 square meters of land in Baramati in 1952 and the same was registered in the name of a trust. Apart from a mosque, several residential and commercial buildings were constructed on the plot for helping the economically weaker section.

The petition states that as the buildings had been more than 50 years old and were in a dilapidated condition, it was decided to redevelop the same and hence requisite permissions were sought from the local municipal authorities that were granted in March 2021. Work started thereafter and a large part of the construction was completed till the stop work notice was issued in April 2022.

Sonawane submitted that as per a change report of 2011, the deputy charity commissioner, Pune had permitted the property in the name of the trust to be registered in the Public Trust Register.

Thereafter in 2016, the state government issued a notification that all properties held by Muslim Trusts like mosque, qabristan, dargah and heritage home would be governed by the provisions of the Wakf Act, 1995.

In the hearing on June 28, 2022, Sonawane informed the bench of justice PB Varale and justice SD Kulkarni that in view of the notification, the divisional Wakf officer wrote to the Baramati Municipal Corporation on March 30, 2022, that the land was Wakf property and hence the permission of the Board was required. The communication stated that as the same was not taken, construction work should be stopped.

Sonawane argued that as per the Wakf Act and the 2016 notification, only the mosque could be considered as Wakf property and not the remaining buildings. The bench was told that in 2018 the trust had challenged the entry by the Taluka Inspector of Land Record changing the status of the land owned by the trust as Wakf property and the appeal is pending hearing.

“The said properties are not dedicated to Allah/God almighty except the Mosque property but under the deed of trust, the petitioner is entitled to deal with the same for the benefit of the trust & its beneficiaries,” the petition stated.

The court was also told that due to certain provisions of the Wakf Act, the petitioner did not have the remedy of approaching a civil court. Hence, Sonawane sought quashing and setting aside of the communication by the Wakf officer and subsequent stop work notice by the corporation as it was illegal and contrary to established procedure.

After hearing the submissions, the bench had directed the respondents to respond to the petition and said, “We further make it clear that until further orders of this Court, the Petitioner shall not carry out any construction activity in the said property pursuant to the communication issued by the Respondent – Baramati Municipal Council, Baramati.”

Though the petition was listed for hearing on July 19, 2022, it was adjourned from time to time and the stay on construction continues. The last hearing was on April 5, 2023, before the bench of justice RD Dhanuka and justice Gauri Godse but the bench did not hear it as it was not as per their assignment.