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AIKC Hospital Plan Faces Waqf Tribunal Property Challenge
The All India Khilafat Committee wants to build a multi-speciality hospital in Mumbai.
Two residents say the land may be Waqf property, which has special rules.
They have taken the dispute to the Maharashtra State Waqf Tribunal.
The tribunal has asked the committee to appear on October 5.
AIKC says it is a public trust, not a Waqf.
It says an earlier court-approved scheme placed the property with trustees rather than with God.
AIKC also says the land is leased from the Maharashtra government.
The challengers say the property was registered as a Muslim religious endowment and cannot be developed without proper authorisation.
The Maharashtra State Waqf Tribunal has summoned the All India Khilafat Committee for a hearing on October 5.
Two Mumbai residents challenge AIKC’s claim that its Byculla premises are not Waqf property.
AIKC says it is a public trust governed by a civil court-approved scheme, not a Waqf institution.
The trust argues its properties vest in trustees and that its Mazgaon land is state-owned leasehold property.
Challengers allege the property is a Muslim religious endowment whose unauthorised development is prohibited.
- Who
- The All India Khilafat Committee, two Mumbai residents, the Maharashtra State Waqf Tribunal, and the Maharashtra State Board of Waqf are involved.
- What
- A legal challenge is contesting AIKC’s claim that its property is not Waqf property while the trust plans a multi-speciality hospital.
- Where
- The dispute concerns AIKC’s historic premises in Byculla and a 1,408.31-square-metre property in Mazgaon, Mumbai.
- When
- The tribunal hearing is scheduled for October 5; a lease deed cited by AIKC was executed on May 4, 2023.
- Why
- The parties disagree over whether the property is a Waqf endowment subject to restrictions or a public trust’s leasehold property.
AIKC’s Position
Challengers’ Position
Property classification
AIKC’s Position
AIKC says it was registered as a public trust under English Common Law and does not qualify as a Waqf.
Challengers’ Position
The suit says AIKC is registered as a Muslim religious endowment under the UMEED Act.
Effect of the 1964 court scheme
AIKC’s Position
AIKC says a May 1964 Bombay City Civil Court decree placed its properties with trustees rather than vesting them in God.
Challengers’ Position
The challengers maintain that the organisation’s endowment status brings the property under Waqf restrictions.
Hospital development
AIKC’s Position
AIKC says its renewed government lease formed the basis for municipal approvals and supports development of the hospital.
Challengers’ Position
The challengers and community leaders allege the management is diverting an endowment into a private project without authorisation.
Waqf listing and jurisdiction
AIKC’s Position
AIKC argues its inclusion in the official Waqf list was invalid because no notice or mandatory inquiry was conducted, and it disputes the Waqf Board’s authority to demand its accounts.
Challengers’ Position
The Waqf-related proceedings assert jurisdiction based on the property’s alleged registration as a Muslim religious endowment.
Key facts
- Tribunal
- Maharashtra State Waqf Tribunal
- Hearing date
- October 5
- Proposed project
- Multi-speciality hospital
- Disputed area
- 1,408.31 square metres in Mazgaon
- AIKC’s position
- It is a public trust governed by a civil court-approved scheme, not a Waqf.
- Challengers’ position
- The property is a Muslim religious endowment and cannot be unauthorisedly developed.
- Lease deed
- Executed on May 4, 2023, by the Governor of Maharashtra
Quotes
Sarfaraz Arzu
Chairman of the All India Khilafat Committee
“A Waqf endowment cannot exist on leased land, as Waqfs are created in perpetuity. We recently secured a lease renewal from the government, forming the basis for municipal approvals.”
freepressjournal.in
“The files were transferred without notice. Numerous trusts challenged this transfer in 2003, and the matter remains before the Supreme Court.”
freepressjournal.in
Sources
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