Allege trustees of Mehdibaug, one of the largest Muslim trusts in the state; add that usurpers sell Rs 100 cr worth of trust property to kin as Wakf Board, govt look on
Allege trustees of Mehdibaug, one of the largest Muslim trusts in the state; add that usurpers sell Rs 100 cr worth of trust property to kin as Wakf Board, govt look on
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Even as reports that the government was considering a takeover of the Sathya Sai Central Trust in light of alleged irregularities, a century-old trust in the state wages a battle to curb what many of its trustees see as rampant misappropriation of trust property.
An old trustee has allegedly usurped Mehdibaug, a 117-year-old public trust, claim other trustees, who in 1997 had moved the Supreme Court against him.
Trust properties said to have been usurped in Nagpur include Malak Manzil building in Dhantoli (above) and Mehdibaug Shop on Residency Road in Sadar.
The SC had then directed the Wakf Board, which administers Muslim charity trusts in the state, to take over the property. But the Board hasn't been able to do anything, even as the accused continues to slowly dispose of the trust property.
"The accused, Badruddin Gulam Hussain Miakhan Hakim, is allegedly conspiring to gradually sell off all the trust properties worth Rs 850 crore. Badruddin has already sold property worth over Rs 100 crore," said a trustee on condition of anonymity.
A chunk of the property usurped is in Nagpur, with bits in Ujjain and Jabalpur.
The Mehdibaug Trust, founded by Muslim spiritual guide Janab Maulana Malak Abid Abduali Alhusam Saheb in 1894, is over a century-old complex of mosques, residential buildings and shops in Nagpur.
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It was after the Maulana's demise that Badruddin began usurping properties. Besides the sprawling Nagpur estate, the trust also controls properties in Ujjain, Chhindwara, Umreth, and Jabalpur.
According to estimates, value of the collective buildings and agricultural land owned by the trust across states and cities runs into more than Rs 1,000 crore.
MiD DAY had earlier reported ('Wakf power to battle illegal sales', October 10, 2010) about how the Wakf properties were being sold and transferred illegally to private parties.
Salim Bhai M J Chimthanawala, the grandson of a trustee, who is fighting the legal battle in the court to save the property, said, "In 1931, Badruddin's son, Mohammed Ebrahim Riza, used his cunning and force, to get a relinquishment deed executed by some 139 people who were in his favour, wherein he gave Re 1 to each of them and got their support before he usurped the trust properties for his personal use. These properties were then sold off."
Said another trustee, on condition of anonymity, "In effect, they sold Maulana Sahab's shrine for a rupee." He added, "Despite the SC's decree being in our favour, this rampant appropriation of property continues."
As the trustees wonder aloud with disbelief at the Wakf Board's inaction and the misdeeds of the accused, they say they have official papers to prove all their allegations.
Interestingly, they claim, Badruddin's descendant, Amirruddin Hassan Noorani, has himself admitted in an affidavit he submitted to the Wakf Board that his predecessors sold a number of the trust's properties and transferred them in the name of his family members.
With this, the 2009 announcement by the Maharashtra Wakf Board that it had taken control of Mehdibaug Trust and that it was in safe hands seems wide off the mark in light of the shenanigans of the accused.
SC order
In 1997, Chimthanawala, along with others, had filed a petition in the SC, pleading that the state or the board should assume control of the trust properties as they were being misused for personal gains. The SC had directed the board to take over, but the latter hasn't taken any measure so far, trustees claimed.
The same year, the accused filed a review petition (copy available with MiD DAY), which the SC rejected. Instead, it ordered the charity commissioner to make an entry for Mehdibaug in the register of Bombay Public Trust (BPT).
Said Sageer Khan, Chimthanawala's advocate, "The SC gave a clear order in 1997 that Mehdibaug is a trust and its properties are Wakf properties."
Said Chimthanawala, "As of today, the Mehdibaug Trust has no authority over the properties, which are still in the hands of usurpers. Neither the state government nor the Wakf Board has taken any step to protect or preserve this heritage."
He added, "The property is meant to benefit the community. Its market value is over Rs 850 crore. Till now, the accused have sold more than Rs 100 core worth of it."
Another trustee, a Navi Mumbai resident who did not wish to be named, said, "Badruddin's descendants are taking advantage of judicial loopholes and political patronage to continue their illegal possession of the Wakf properties, causing huge losses to the Wakf Board, the exchequer and other beneficiaries."
The Other Side
Mehmood Ali, who is also allegedly selling trust property, said on behalf of Badruddin, "The matter is pending in the Supreme Court. I cannot comment at this stage."
When MiD DAY reminded him that the SC has already given a decision on the "pending matter" in 1997, Mehmood said, "Ask them and write what you want."
Majeed Patel, one of the members of Wakf Board, said, "I cannot comment on the issue. Please contact the Board's CEO, Aziz Ahmad."
Ahmad said, "The matter is very sensitive. The trust should be taken under the Wakf Board. I will discuss this in the next Board meeting and will also talk to the government."
Encroachers
In the past, Wakf officials themselves have been accused of allowing the illegal sale of properties. According to them, most of the 30,000 Muslim trusts in the state are struggling to keep away encroachers.
These properties, including mosques, dargahs, schools, orphanages and agricultural land were endowments from philanthropic groups and individuals in the name of god for use of poorer members of the community.
But many of these institutions that were earlier administered as public trusts by the charity commissioner either sold properties or allowed trespassers to have a free run of it.
In Mumbai, it is estimated that out of 1,200 such trusts, u00a0nearly half of them are involved in litigation to remove encroachers.
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