AHMEDABAD: In an important order, the Gujarat State Waqf Tribunal has ordered the Waqf Board to immediately remove all illegal encroachments from Ahmedabad’s registered cemeteries and waqf land and submit an action taken report after 15 days.
The tribunal has ordered removal of unauthorised constructions from the Chartoda Kabrastan at Gomtipur, Pir Kamal Kabrastan, Lalghumti Kabrastan and Musa Suhag Kabrastan at Shahibaug. The order also includes a cemetery on which the city police commissioner has allegedly encroached upon and the place is being used as its parking slot.
The tribunal has noted that more than 300 households exist on Chartoda graveyard in violation of the law and such illegally constructed houses, garages, shops, shopping centres should be immediately removed from all graveyards and open waqf lands belonging to Idgahs.
Besides ordering removal of encroachments from the graveyards under Section 54 of the Waqf Act, Tribunal’s chairman I A Shaikh and member Rizwan Qadri have also directed the Board to take legal action against the trustees and mutavallis (caretakers) of waqf properties for their failure to stop encroachment on graveyards, which is growing day by day.
Since all major graveyards in the city are managed by the Ahmedabad Sunni Muslim Waqf Committee, a charitable organisation, the tribunal has order the Committee to place an action taken report by December 27 showing what action it has taken against encroachers on basis of this order, which was passed by the tribunal on October 12.
The tribunal’s order came in response to 11 suits filed by people living in houses constructed on the Chartoda graveyard. The suits were withdrawn after submission that the Waqf Committee has decided to prosecute the cases before the State Waqf Board. It also recorded that the Waqf Board has informed the litigants that there are several suits pending in the Gujarat high court with regard to possession of superstructures on graveyard lands.
The tribunal said that considering the submissions made before it, it is the duty of the chief executive officer of the Waqf Board to see that encroachments on graveyards and waqf land are removed forthwith under provisions of section 54 of the Act. The tribunal recorded litigants submission that repeated representations about illegal encroachment were made before the Waqf Board, but no action has been taken.
The tribunal has ordered construction of compound walls around graveyards and directed city police commissioner to provide protection to Board officials, trustees and mutavallis during construction of boundary walls. The municipal commissioner has also been ordered to assist the Board and trusts in monitoring of graveyards.
