O.No./PUN/2017/11-14
Date: 15th Novermber, 2017
To,
The Principal Secretary,
Minority Development Department,
New Mantralaya Building,
Mumbai, -400032,
Subject: Requesting for Cancellation of the lease order of Survey No. 36,
Situated at Vazirabad, Nanded.
With reference to above subject, through Right to Information Act we received
the copy of order of lease allotment to waqf officers at Survey No. 36 situated at
Vazirabad Nanded, belonging to Institution of Dargah Hazrat Shah Rehman Dulay
Nanded for the period of 51 years. This order was given after the resolution passed
by the than Marathwada Wakf Board in its meeting held on 2nd December, 1995.
A. The above said resolution and order is clear violation of the Wakf Act, 1995,
which came into force on 22nd November, 1995 restricted giving wakf
properties on lease for more than 30 years. The act can be read as
following,
'56. Restriction on power to grant lease of Wakf property:1. A lease for any period exceeding thirty years of any immovable
property, which is (waqf) property shall, notwithstanding anything
contained in the deed or instrument of (waqf) or in any other law for
the time being in force, be void and of no effect..’
The above act was in force even when the resolution was passed by the than
Marathwada Wakf Board and the order issued dated 24th January, 1996
by its secretary. The above act clearly restricts Mutwalli or board to allot
any immovable property on lease for more than specified period in above
stated section and even if land is allotted on lease referring to previous laws,
Section 56 of Waqf Act 1995, makes the lease order be void and of no
effect.
B. As per the order issued by the then Marathwada Waqf Board for allotting
the plots to employees is again the clear violation of the Waqf Properties
Lease Rules 2014. This rule clearly states that any property belonging to
waqf cannot be given on lease in normal circumstances for more than 3
years in any under Section 4 & 5. But if state government permits the
board according to section 17, the lease can only be extended upto thirty
years not more than that.
Further the land allotment to Waqf officers, is again the violation of Waqf
Properties Lease Rules 2014. The Section 4&5 of Waqf Properties Lease
Rules 2014 put restriction on following in Para 4 to apply for getting lease
under this rule.
"Provided further that the Mutawalli, Board or any member of the
Managing Committee of Waqf, including their spouse, parents, children,
brothers, sisters, spouses of brothers and sisters or children of brothers
and sisters, shall not be elligible to apply for lease under this rule."
The Muslim Wakfs Act, 1954, Section 3(c) defines Board means a board of
Waqf established under Section (9) by state government. Further in the
section 21 and 22 of this act empowers the state governments to appoint
the officers from the rank of Cheif Executive Officers to any other officer
required for delegating the powers in consultation with waqf board.
Mr. Ayyub Khan, a Staff of the Wakf Board, Which was appointed by the
then Marathwada Wakf Board, is still working as a staff of Maharashtra
state Waqf Board. Mr. Ayyub Khan is currently appointed as an incharge
District Waqf Officer of Nanded.
Thus, this proves that allotment of plots to Mr. Ayyub Khan & other the
then or serving waqf officers is clear violation of Waqf Act 1995 and Waqf
Properties Lease Rules 2014.
Therefore I request to your authority to cancel the order of allotment of
lease of Survey No. 36, Situated at Vazirabad, Nanded dated 24th January,
1996 and take necessary actions to prevent misuse of this waqf property by
local waqf officers.
Ubaid Bahussain,
Nanded. Maharashtra.
Enclosure: Copy of Lease Order, dated 24th January, 1996.
Copies to:
1. Hon. Secretary, Central Waqf Council, New Delhi.
2. Hon. Adv. (Dr. ) Syed Ejaz Abbas, Member, Central Waqf Council, New Delhi.
3. Hon. Chief Executive Officer, Maharashtra State Waqf Board, Aurangabad.