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2020 Supreme(Telangana) 121
IN THE HIGH COURT FOR THE STATE OF TELANGANA
K. LAKSHMAN, J.
Shaik Naseeruddin – Appellant
Versus
The Chief Secretary – Respondent
Writ Petition No. 4030 of 2020
Decided On : 13-07-2020
Point of Law :
it is the Waqf Board which has to remove the encroachments as per Section 54 of the Waqf Act, 1995 and they have to cooperate with the GHMC authorities for removing the illegal encroachments and evicting illegal occupants
Headnote:
Waqf Act, 1995 - Section 54 - illegal occupants - Alternative arrangements - unauthorized occupants - illegal occupants - Learned Government Pleader for Social Welfare for 2nd respondent learned Standing Counsel for respondents 3 and 4, learned Government Pleader for Home for respondents - Learned Government Pleader for Revenue for respondents learned counsel for counsel appearing for their respective parties would submit that there is no dispute with regard to facts of the case and sought to decide writ petition on merits consent of learned counsel for petitioners and learned counsel/Government Pleaders/Standing Counsel appearing for respondents writ petition is disposed of at admission stage -
Finding of the Court:
Despite receiving the said amount of 8th respondent is not taking serious steps in construction of compound wall. Mere appointment of construction committee and conducting meetings is not sufficient - Respondent has to take all necessary steps for construction of compound wall by overcoming all the issues that arises in coordination with other respondent authorities no proactive approach on the part of the 8th respondent. There is no explanation for delay caused in completion of work no explanation with regard to removal/eviction of illegal and unauthorized occupants on the date fixed for petitioners have submitted several representations/reminders as sated above and respondent authorities have received the same -
Result: Appeal stand closed.
ORDER :
1. This writ petition is filed to direct the respondents to coordinate and cooperate with each other in the construction of boundary wall on graveyard open land of Qutub Shahi Masjid in Survey No. 89 situated at Bharath Nagar, Uppal Kalan, Medchal-Malkajgiri District within a reasonable specified period of time.
2. Heard Sri. Habeeb Jaffar Bin Hasan, learned counsel for the petitioners, learned Government Pleader for Social Welfare for the 2nd respondent, Sri. Farhan Azam Khan, learned Standing Counsel for respondents 3 and 4, learned Government Pleader for Home for respondents 5, 7, 10, and 11 and learned Government Pleader for Revenue for respondents 6 and 9 and Sri. Sampath Prabhakar Reddy, learned counsel for the 8th respondents.
3. The above stated counsel appearing for their respective parties would submit that there is no dispute with regard to facts of the case and sought to decide the writ petition on merits. Therefore, with the consent of the learned counsel for the petitioners and the learned counsel/Government Pleaders/Standing Counsel appearing for respondents, this writ petition is disposed of at the admission stage.
4. Sri. Habeeb Jaffar Bin Hasan, learned counsel for the petitioners would submit that the petitioners are residents of Uppal Kalan, Medchal-Malkajgiri District. The 1st petitioner is the Mussali (person who perform prayers in a Mosque) of Qutub Shahi Masjid, Bharatnagar, Uppal Kalan, Medchal-Malkajgiri District. Petitioners have been making efforts to safeguard the Waqf properties from illegal encroachment of the graveyard of the subject Masjid by constructing boundary wall around the graveyard and open land of the subject Masjid. According to the petitioners, the subject Masjid is the notified gazette Waqf property published in Supplement Part-II of Andhra Pradesh Gazette No. 6-A, dated 09.02.1989 with Serial No. 2999, at Page 250 of the said gazette with specific boundaries and survey number.
5. It is further submitted by the learned counsel for the petitioners that the petitioners, for the purpose of construction of boundary wall and sanction of budget, have submitted a representation dated 29.10.2017 to the Deputy Chief Minister and the same was considered. Accordingly, the Minorities Welfare Department has sanctioned an amount of Rs. 18,09,000/- for construction of boundary wall around the subject Masjid by way of issuing G.O.Rt. No. 291 dated 18.12.2017. It is submitted by the learned counsel for the petitioners that the said amount was also paid to the 8th respondent-Deputy Commissioner, Circle-2, GHMC, Uppal on 05.10.2018 itself. A committee for construction of the compound wall was also constituted vide proceedings dated 09.04.2018 by the 8th respondent. Meetings were conducted. There is exchange of correspondence between the respondents. Even then, the respondents are not proceeding with the construction of the compound wall. According to him, there is no coordination and cooperation among the respondents and they are blaming each other. Ultimately, there is delay in construction of the compound wall.
6. Learned counsel for the petitioners would further submit that the petitioners have submitted representations/reminders dated 23.12.2019, 24.12.2019, 26.12.2019 and 03.01.2020 to the respondents 3 to 11 with a request to remove the illegal and unauthorized occupants from the graveyard land and to construct boundary wall around the graveyard and the open land of the subject Masjid at Uppal. Despite the same, the respondents are not proceeding with the construction of compound wall and removal of illegal occupants. Therefore, the present writ petition.
7. It submitted by Sri. Farhan Azam Khan, learned counsel appearing for respondents 3 and 4 that the subject Masjid is a Waqf property and a committee was constituted by the 8th respondent, for construction of compound wall. According to him, the GHMC has to take steps for construction of the compound wall by removing the illegal constructions
