Vastanvi, who runs Jamia Islamia Ishaatul Uloom in Nandurbar, and Qureshi are members of Maharashtra State Board of Waqf.
The Maharashtra government has launched action against former Darul Uloom Deoband vice-chancellor Maulana Ghulam Muhammad Vastanvi and Bar Council of Maharashtra and Goa ex-chairman Asif Qureshi for alleged irregularities in the management of Waqf lands.
Vastanvi, who runs Jamia Islamia Ishaatul Uloom in Nandurbar, and Qureshi are members of Maharashtra State Board of Waqf. Minority development department officials said notices were issued seeking explanations on why they should not be removed.
While Vastanvi is accused of illegally possessing Waqf land at Ahmednagar, Qureshi is charged with being party to the board's decision to regularise illegal distribution/ sale of 288 plots on Waqf land in Nagpur. The duo denied wrong-doing.
Maharashtra has over 93,000 acres of Waqf land, most of which is encroached.
Vastanvi is charged with illegally possessing Waqf land in Ahmednagar's Bhingar for his institution. Vastanvi signed an agreement with Badshahi Mullah Masjid trustees for 32 acres & 23 gunthas on December 18, 2003, for 99 years. This was not approved previously by the board, violating the Waqf Act, 1995. On July 27, 2006, the board allowed 6 acres 22 gunthas of this to be leased for three years. As it was not renewed, the possession was "illegal."
The then managing committee of the Satranjipura Badi Masjid (Bugdadiya Nagar) allowed distribution of 288 plots at Zingabai Takali, Nagpur, in 1999. Since the period was not mentioned, it seemed this was not on lease but ownership. The Waqf Act, 1995, lacks provisions to regularise Waqf land encroachments. The board, which included Qureshi, on October 3, 2013, allowed regularisation of encroachment/sale and ratified it on October 27.
Complainant Shabbir Ansari, president, Tehreeq-e-Awqaf, sought action against those guilty.
Ghulam Muhammad Vastanvi:
Locals wanted to give masjid land for educational purposes and made an affidavit handing over 32 acres. When submitted to the Waqf board, it said just 6 acres could be allocated. We possess this 6 acres.
Asif Shaukat Qureshi:
The board approved regularisation on October 3, 2013. But on October 1, an amendment to the Act said Waqf properties could not be alienated or transferred. It was the CEO's responsibility to inform members. The next meeting resolved regularisation be done per the Act.
What is waqf?
Waqf means the permanent dedication by a person professing Islam, of any movable or immovable property for any purpose recognised by Muslim law as pious, religious or charitable. The institution of waqf in India is 800 years old and began when Muslim rulers donated huge land parcels for charity.
What is the extent of waqf lands?
Government statistics suggest Maharashtra has around 93,418 acre of waqf land spread over about 23,566 registered properties, with most land parcels in Aurangabad division, which was part of the dominion of the Nizam of Hyderabad.
Leasing out these lands legally will help monetise their value and help launch welfare measures for Muslims.
The problem
A task force under the principal secretary (revenue) had pointed out that around 70% of these lands—most of which are prime properties—were under illegal occupation, encroached upon or transferred.
According to the chief minister's study group headed by former IAS officer Mehmood-ur-Rehman, which submitted a report on the 'Socio-economic and educational backwardness of the Muslims in Maharashtra,' no detailed survey has been conducted to ascertain the exact extent of encroachment of waqf properties and about 60% of waqf land is under encroachment in Marathwada alone.
The indictment
In 2015, an inquiry commission headed by A.T.A.K Shaikh, a retired district and sessions judge, probing irregularities in management of waqf lands submitted its report indicting officials and politicians for encroachments on these Muslim endowments and their illegal transfer, development and creation of third-party rights. The names of NCP MP Tariq Anwar (renewal of lease for a property in Aurangabad), former MP Bhaskarrao Patil Khatgaonkar (transfer of land in Nanded), former minister of state for revenue Dr Rajendra Shingane (deletion of land from a certain category), and former Waqf board chief and ex-Congress MLC late M.A Aziz also figure in the report.
The commission noted how waqf properties were allocated to builders, swapped illegally, used to set up petrol pumps, government schools, BSNL towers, societies and were also given out at low rents.
In 2017, the government suspended former waqf Board Chief Executive Officer (CEO) Naseema Bano Patel after a preliminary inquiry found her guilty of ruling a 55-acre prime waqf property worth Rs 2,500 crore in Nashik as a non-waqf one in early 2016.
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