AMN —
The commission appointed to probe irregularities in Wakf land across Maharashtra has asked the government and Wakf Board to fight with full strength all the cases including the case of Wakf orphanage land on which Antilia — the mansion of Mukesh Ambani, is standing.
The single-member commission, headed by retired judge A.T.A.K. Shaikh, has submitted to state assembly.
Receiving the report, Chief Minister Devendra Fadnavis said that the state will initiate action as per the Wakf Board laws. “We will not spare anyone who is guilty,” Fadnavis said.
Chief minister said the government was committed to restore all the lands transferred, sold or exchange illegally. “The report has proved that the allegations made by us against the previous government were true. We will take action in all the cases and lands will be restored,” Mr Fadnavis said.
Commission report has revealed that the Wakf Board and Karim Bhai Ibrahim Bhai Orphanage make amicable settlement over leaving claim on the land.
Situated at Malabar Hill, Karim Bhai Ibrahim Bhai Orphanage, admeasuring 48,768.51 sq ft, was bought by Antilia Commercial Private Limited at a meagre price of Rs 21 crore. A complaint against the land deal was filed by former Congress minister Anees Ahmed as according to the Wakf Act, the land cannot be sold.
The commission has also indicted former chairman of Wakf Board M.A. Aziz (deceased) and the then chief executive officer (CEO) M.Y. Patel for the illegal land deal. It has also questioned the procedure followed for handing over the property to Antilia Commercial Private Limited. The commission has also questioned the role played by another CEO, A.A. Ali Qadri, in the case.
The matter pertaining to the land deal is now pending with the Bombay high court.
On August 27, 2002, the joint charity commissioner approved the deal and on November 21, 2002, the orphanage was sold to Antilia firm. The commission, in its report, has found that two resolutions passed to clear the deal didn’t have two-thirds majority necessary under Section 32 (2) of the Wakf Act, 1995. “Then Wakf Board member Haroon Solkar and CEO M.Y. Patel played an active role in passing the resolutions,” the report says.
However, the report noted that the orphanage was formed in 1896 for orphans of the Khoja community and the objective of the trust was to impart religious teachings to them. The trust that was registered under Public Charity Trust Act in 1952, and in 2003 again got registered under the Wakf Act.
According to Section 2 of the said Act, it has retrospective effect and the properties dedicated before its enactment would also come under its purview.
The commission further pointed out that the property was handed over to Antilia on November, 21, 2010 without prior permission of the state Wakf Board that in violation section 32 (2) (j) of the act. Such process can be held valid only if resolution for the same was passed with 2/3 majority.
In another case, senior NCP leader and former member of Wakf Board, Tarique Anwar, was held guilty of illegal decisions related to development of around nine properties in Mumbai. The report says that the decisions were taken by Mr Anwar and another member A.U. Pathan despite only two members being on the board. The Wakf Act does not allow any such decisions in case all the members of the board were not appointed.