Harbans Dunkall, President, Citizen Welfare Forum, B.K. Dutt Colony
Introduction
In 1975 Delhi Wakf Board notifies DDA lands in the vicinity of Dargah Shah-E-Mardan, B.K. Dutt Colony, Jor Bagh, New Delhi as Wakf properties (without any legal basis, without following the due process provided in the then Wakf Act). This notification was a result of a conspiracy to occupy government lands in the garb of Wakf. Even in those times properties in and around Jor Bagh were worth in gold. Today these properties are worth more than Rs. 2,000 Crores.
This conspiracy could have been impossible without the involvement of national and state level politicians, which can be seen from the facts on how the notification was issued, deals between the Mutawalli and a builder from Mumbai, timing of initiation of litigation in the court and the dragging of feet by the government counsels and the counsel for the DDA, who instead of protecting the public land, criminally ignored their duty.
Bahadur Abbas is the present Secretary of Anjuman-e-Haideri, the Mutawalli. He is the nephew of Md. Ahmed Kazmi (accused in Israeli Embassy blast) and is close to Syed Kalbe Jawad, a prominent Shia Leader from Lucknow.
Currently this matter is in the Delhi High Court before the bench of Hon’ble Justice B.D. Ahmed and Hon’ble Justice S. Mridul. The advocate representing the Mutawalli is Tasneem Ahmadi, daughter of former CJI A.M. Ahmadi. Delhi Wakf Board was initially represented by Najmi Waziri, who is now elevated to the bench in Delhi High Court. Currently Mehmood Pracha represents Delhi Wakf Board. He had successfully argued Md. Ahmed Kazmi’s bail application (in the Israeli Embassy blast incident) in the Supreme Court, which was allowed by the then CJI Altamas Kabir.
In 1975 Delhi Wakf Board notifies DDA lands in the vicinity of Dargah Shah-E-Mardan, B.K. Dutt Colony, Jor Bagh, New Delhi as Wakf properties (without any legal basis, without following the due process provided in the then Wakf Act). This notification was a result of a conspiracy to occupy government lands in the garb of Wakf. Even in those times properties in and around Jor Bagh were worth in gold. Today these properties are worth more than Rs. 2,000 Crores.
This conspiracy could have been impossible without the involvement of national and state level politicians, which can be seen from the facts on how the notification was issued, deals between the Mutawalli and a builder from Mumbai, timing of initiation of litigation in the court and the dragging of feet by the government counsels and the counsel for the DDA, who instead of protecting the public land, criminally ignored their duty.
Bahadur Abbas is the present Secretary of Anjuman-e-Haideri, the Mutawalli. He is the nephew of Md. Ahmed Kazmi (accused in Israeli Embassy blast) and is close to Syed Kalbe Jawad, a prominent Shia Leader from Lucknow.
Currently this matter is in the Delhi High Court before the bench of Hon’ble Justice B.D. Ahmed and Hon’ble Justice S. Mridul. The advocate representing the Mutawalli is Tasneem Ahmadi, daughter of former CJI A.M. Ahmadi. Delhi Wakf Board was initially represented by Najmi Waziri, who is now elevated to the bench in Delhi High Court. Currently Mehmood Pracha represents Delhi Wakf Board. He had successfully argued Md. Ahmed Kazmi’s bail application (in the Israeli Embassy blast incident) in the Supreme Court, which was allowed by the then CJI Altamas Kabir.
Petitioner
We are the petitioners, 4 in number, Citizen Welfare Forum, the Petitioner-Society along with 3 of its members in W.P.(C) 6843/2013.
Through W.P.(C) 6843/2013 the residents of B.K. Dutt Colony made an attempt to bring to the notice of the Delhi High Court, the fraud committed upon the Court by Respondent No.1 & 2 (namely Anjuman-e-Haidari, the Mutawalli of the above-mentioned property and Nayyar Ali, the then Secretary of the Mutawalli, respectively) as they had committed fraud upon the Court by misrepresentation, filing of false site plans and affidavits and thereby usurped the land belonging to the public authorities (DDA) by misrepresenting them as Wakf Properties.
Current Status
Through W.P.(C) 6843/2013 the residents of B.K. Dutt Colony made an attempt to bring to the notice of the Delhi High Court, the fraud committed upon the Court by Respondent No.1 & 2 (namely Anjuman-e-Haidari, the Mutawalli of the above-mentioned property and Nayyar Ali, the then Secretary of the Mutawalli, respectively) as they had committed fraud upon the Court by misrepresentation, filing of false site plans and affidavits and thereby usurped the land belonging to the public authorities (DDA) by misrepresenting them as Wakf Properties.
Current Status
Till date no notice has been issued in W.P.(C) 6843/2013. The entire bunch of matters are currently pending as part-heard matters before the Special Division Bench of Justice B.D. Ahmed and Justice S. Mridul with the W.P.(C) 646 of 2012 being heard as the lead matter.
History
25.09.1975: Notification dated 01.09.1975, issued by Delhi Wakf Board, was published. This notification notified a number of properties as Wakf Property, as per the Wakf Act. Some of these properties, namely;
1. Naqqar Khana
2. Chhoti Karbala
3. Qanati Masjid
4. Land surrounding Dargah Shah-e-Mardan
were in village Aliganj, New Delhi. Anjuman-e-Haidari was declared as the Mutawalli of the above-mentioned properties. The said properties are at present in/around B.K. Dutt Colony (near Jor Bagh), New Delhi - 110003.
Surprisingly, this notification was issued arbitrarily without following the mandatory procedures mandated in the Wakf Act.
(the petitioners had filed an application seeking an amendment of prayers in the W.P.(C) 6843/2013 to add this ground but later withdrew it in the light of the observation of the Hon’ble Bench to file a fresh Writ Petition.)
2005: The Mutawalli of the above-mentioned properties filed Writ Petition (Civil) No. 4907/2005 before Delhi High Court praying for demarcation of said properties by NDMC among other prayers.
2005 till 11.01.2012: From 2005 to 11.01.2012, when this writ petition was finally disposed off, the Single Judge Bench of Delhi High Court passed various orders.
One such order was to put Site No. 8 (one of the site, illegally claimed by the Mutawalli as Wakf Property, to be discussed later) out of the purview of the writ petition.
The now defunct RWA of B.K.Dutt Colony, New Delhi-03 was impleaded, on the request of the RWA, in this writ petition at the fag end of the hearing. This RWA which is now defunct represented hardly 10-12 families of the colony therefore the huge majority of the residents of the colony were unaware of the court proceeding, let alone be aware of the details of the proceedings and thus the majority voice was not heard.
28.06.2011: Meanwhile the majority of the residents of B.K.Dutt Colony registered a society, now called Citizen Welfare Forum on 28.06.2011 as they wanted a society, which would represent the residents in real sense as opposed to the almost non-existent and inert RWA.
2012: Some landowning people of the B.K.Dutt Colony filed a PIL W.P.(C) 646/2012 alleging illegal encroachments in the colony. This PIL is pending before the Division Bench of Delhi High Court.
02.04.2013: the Hon’ble Supreme Court disposed of the SLP filed by the then RWA, B.K. Dutt Colony, against the order of Delhi High Court, dated 11.01.2012, in W.P.(C) 4907/2005 with the below mentioned order;
“Upon Hearing counsel the Court made the following
2. Chhoti Karbala
3. Qanati Masjid
4. Land surrounding Dargah Shah-e-Mardan
were in village Aliganj, New Delhi. Anjuman-e-Haidari was declared as the Mutawalli of the above-mentioned properties. The said properties are at present in/around B.K. Dutt Colony (near Jor Bagh), New Delhi - 110003.
Surprisingly, this notification was issued arbitrarily without following the mandatory procedures mandated in the Wakf Act.
(the petitioners had filed an application seeking an amendment of prayers in the W.P.(C) 6843/2013 to add this ground but later withdrew it in the light of the observation of the Hon’ble Bench to file a fresh Writ Petition.)
2005: The Mutawalli of the above-mentioned properties filed Writ Petition (Civil) No. 4907/2005 before Delhi High Court praying for demarcation of said properties by NDMC among other prayers.
2005 till 11.01.2012: From 2005 to 11.01.2012, when this writ petition was finally disposed off, the Single Judge Bench of Delhi High Court passed various orders.
One such order was to put Site No. 8 (one of the site, illegally claimed by the Mutawalli as Wakf Property, to be discussed later) out of the purview of the writ petition.
The now defunct RWA of B.K.Dutt Colony, New Delhi-03 was impleaded, on the request of the RWA, in this writ petition at the fag end of the hearing. This RWA which is now defunct represented hardly 10-12 families of the colony therefore the huge majority of the residents of the colony were unaware of the court proceeding, let alone be aware of the details of the proceedings and thus the majority voice was not heard.
28.06.2011: Meanwhile the majority of the residents of B.K.Dutt Colony registered a society, now called Citizen Welfare Forum on 28.06.2011 as they wanted a society, which would represent the residents in real sense as opposed to the almost non-existent and inert RWA.
2012: Some landowning people of the B.K.Dutt Colony filed a PIL W.P.(C) 646/2012 alleging illegal encroachments in the colony. This PIL is pending before the Division Bench of Delhi High Court.
02.04.2013: the Hon’ble Supreme Court disposed of the SLP filed by the then RWA, B.K. Dutt Colony, against the order of Delhi High Court, dated 11.01.2012, in W.P.(C) 4907/2005 with the below mentioned order;
“Upon Hearing counsel the Court made the following
Order
Delay condoned.
The special leave petition is dismissed with liberty to the petitioner to take recourse to such other remedy as is available to it in law. ”
09.10.2013: The Citizen Welfare Forum filed W.P.(C) 6843/2013 in Delhi High Court.
21.05.2014: The Single Judge Bench, Delhi High Court by an order directed to list W.P.(C) 6843/2013 along with W.P.(C) 646 of 2012. After which the present writ petition is listed along with W.P.(C) 646 of 2012.
The special leave petition is dismissed with liberty to the petitioner to take recourse to such other remedy as is available to it in law. ”
09.10.2013: The Citizen Welfare Forum filed W.P.(C) 6843/2013 in Delhi High Court.
21.05.2014: The Single Judge Bench, Delhi High Court by an order directed to list W.P.(C) 6843/2013 along with W.P.(C) 646 of 2012. After which the present writ petition is listed along with W.P.(C) 646 of 2012.
Details of properties (wrongly claimed as Wakf Property)
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