AHMEDABAD: HC REFERS SHAHIBAUG GRAVEYARD CASE

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Ahmedabad (HRNW): Gujarat high court on Monday redirected petitioners, in a matter related to construction on land of Ahmedabad Sunni Muslim Wakf Committee at Shaibaug, to the recently set up Gujarat State Wakf Tribunal. The tribunal was constituted three months ago to deal with various disputes related to properties governed by different bodies regulated by the State Wakf Board and its affairs.

The issue here pertains to a PIL filed in 2014 by some people belonging to the Muslim community, who objected to constructions being put up by Dharmdev Infrastructure Ltd on the land of Musa Suhag graveyard in Shahibaug. While they had claimed that the Wakf Committee, which owns the land, did not act against the developer in a proper manner, and the graveyard was being encroached upon, the committee maintained that the land in dispute was owned by it, and was not a part of the graveyard. The committee also submitted before the court that due action was taken by the district collectorate and other authorities to stop the builder from putting up unauthorized construction.
¬†According to case details, Thakkar had obtained lease of the land in January 2001 and began construction of its scheme Neel-Ayan on 8,000 square yard in 2004. But legal dispute led to court’s order to maintain status quo in 2006. When the builder allegedly tried to put up the fifth floor of the building, a litigant moved the HC claiming that the builder had forged the documents with help of others. Hence, submitted the petitioner, the lease should be cancelled immediately, and the land should be restored back to the Wakf Committee. The petitioner also demanded criminal action against all involved in the transaction.

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