Maharashtra Minister for Minorities Development & Aukaf, Dattatray Bharane has decided to soon launch Geo-mapping of the properties and lands under the jurisdiction of the state Waqf Board.

This comes amid the parliamentary panel’s move to clear the report on the Waqf (Amendment) Bill despite the opposition’s dissent. The Maharashtra government’s decision will hit those illegally occupying the scattered and unmeasured lands across the state.

The Minister has asked the department to soon start the Geo-mapping survey of such properties across the state to know the present status.

A department source said, “Geo-mapping will provide accurate official information about the number of Waqf properties in the state and the extent of encroachment on them, and will put a stop to encroachments. Various organisations and political parties, including the Maharashtra Waqf Board, have claimed there are 23,566 registered Waqf properties in the state and their total area is 37,330 hectares. However, as per the estimates of the Minorities Department, the number of Waqf properties is around 27,000 and their area is 40,468 hectares. Geo-mapping will be done to remove the discrepancies in this data and ensure accurate registration of properties.”

A survey of Waqf properties was conducted in 1997 through physical inspection. However, it was considered to be a rough estimate. Of these properties, 60 to 70 per cent of the plots are encroached upon and thousands of plots are under litigation.

The department source said that many cases of illegal encroachments on Waqf properties have come to light. However, due to discrepancies in the data, no measures were taken to deal with the situation. “Now, geo-mapping technology will bring clarity to the properties and encroachments and official information will be available at the government level. There is still uncertainty about the exact number of Waqf properties in the state. There is no information about the exact purpose for which these properties are being used and what rates are being charged while renting out these lands,” the source added.

The Mahayuti Minister said Geo-mapping will reveal illegal possessions and, thereafter, the government will be able to take necessary action. The Minorities Development’s decision comes at a time when the parliamentary panel cleared 14 amendments proposed by NDA MPs while 44 suggested by the Opposition were rejected. All the 44 amendments proposed by the Opposition were reportedly against the changes planned in the Bill to the Waqf Act of 2013.

–IANS

Subscribe to our channels on Telegram, WhatsApp, and Instagram and get the best stories of the day delivered to you personally.

The post Maharashtra Govt To Conduct Geo-Mapping Of Waqf Properties To Find Number, Status Of Encroachments appeared first on The Commune.

Tamil Nadu Waqf Board President Abdul Rahman announced that many Hindu temples are present on Waqf properties, including the Peyazhwar Temple, on land allegedly owned by the Kutchery Road Mosque. Rahman said the board never disputed their existence or interfered with its operations even then.

Rahman also claimed that some individuals are attempting to politicize Hindu temples located on Waqf board properties.

During a recent press conference in Nagapattinam, he explained that during the British era, the Waqf Board was established to manage lands voluntarily donated by wealthy individuals to maintain dargahs and mosques. He emphasized that the “Waqf Board has never opposed Hindu temples situated on Waqf properties” and views such temples as a pride.

Rahman accused certain parties of trying to create discord between religious communities by politicizing these Hindu temples. At the same time, the Board’s primary concern remains addressing any attempts to expropriate these properties illegally.

At a press conference on 11 August 2024, Abdul Rahman clarified the status of Tiruchendurai village. He explained that a wealthy Mirasdar had donated 385 acres of land for public use, officially registered with the Waqf Board. He said this is documented and recorded with the Tamil Nadu Waqf Board. Based on these documents, including survey numbers and other data, orders were issued to all sub-registrar offices to prevent the sale of these lands without permission, including orders on Tiruchendurai.

Rahman noted that Tiruchendurai has since expanded to over 600 acres. The Waqf Board’s authority is limited to reclaiming land it owns, and any suggestion that the Waqf Board is seeking to claim the entire village is misleading and creates unnecessary panic among the public. He emphasized that the Waqf Board has not made such claims.

Addressing the allegations regarding the Waqf Board’s claims on 1,000-year-old temples, Abdul Rahman clarified, “A 1000-year-old temple is pointed out in the particular area, and the temple is not an issue as the Tamil Nadu Waqf Board has never said anything about it. The Waqf does not even claim the presence of a temple on Waqf property.”

Rahman provided an example from Sooriyur, a vast village in the Trichy district that is one of seven villages under Waqf management. He said that “eight to nine lakes surround a 1000-year-old temple. The documents state that the temple and these surrounding lakes belong to the Hindus for their worship and should continue. Therefore, we are not disputing it.”

Continuing his response to claims regarding Hindu temples, Abdul Rahman provided another example from Chennai. He mentioned that the Kutchery Road Mosque, which owns 144 grounds, includes a 4-ground piece of land on which the Peyazhwar temple is situated. He questioned whether the Waqf Board has ever claimed this land.

Abdul Rahman said, “Chennai’s Kutchery Road Mosque owns 144 acres of land, among which four grounds contain a temple called Peyazhwar Temple or something like that. It is on waqf property. Have we ever talked about it? The Hindus worship there, so we are keeping it as it is.”

Rahman emphasized that the lands donated by wealthy individuals were meant for public benefit and should be viewed from a religiously neutral perspective. Ironically, he further argued that while the temple belongs to Hindus, the land is under the Waqf Board’s jurisdiction, which has a duty to protect these lands. He noted that the Waqf Act underscores the importance of safeguarding such properties.

Finally, Abdul Rahman buttressed his claim with a thought-provoking explanation regarding the claim on the 1,000-year-old temple. He illustrated his point with a hypothetical scenario. If he were to purchase a piece of land that contains a Vinayagar temple and allowed the worshippers to continue their practices there, it would be unreasonable for those worshippers to then claim the temple as their own based on its 600-year history after the purchase. Rahman used this analogy to emphasize that, likewise, the Waqf Board manages lands and properties of villages like Tiruchendurai and others, including temples. However, he did not address how these ancient properties came under Waqf’s control.

Who was Peyazhwar?

Pey Azhvar, one of the twelve Alvar saints, is a key figure in the Vaishnava tradition of Hinduism in Southern India. Ranked third among the principal Azhvars, he is renowned for composing a hundred verses, known as Munram Tiruvantati. According to legend, Pey Azhvar was discovered at the Adi Kesava Perumal Temple in Mylapore, Chennai.

In Tamil, pey refers to someone who is possessed. The saint was intensely devoted to Lord Vishnu.

Subscribe to our Telegram, WhatsApp, and Instagram channels and get the best stories of the day delivered to you personally.

The post “Chennai’s 1000-yr-old Peyazhwar Temple Is On Waqf Property”: TN Waqf Board Chief Claims appeared first on The Commune.

The Madras High Court has ruled against a 2010 amendment that brought Waqf properties under the jurisdiction of the Tamil Nadu Public Premises (Eviction of Unauthorised Occupants) Act of 1976, thereby giving authority to the Chief Executive Officer (CEO) of the Tamil Nadu Waqf Board to order the eviction of encroachers.

Chief Justice Sanjay V Gangapurwala and Justice D Bharatha Chakravarthy presiding the bench found the 2010 amendment by the State legislature to be incompatible with the Waqf Act of 1995, a Central law. They determined that encroachers on waqf properties could only be evicted through waqf tribunals established under a 2013 amendment to the Central law.

The judges supported arguments by a group of lawyers, led by Senior Counsel V Raghavachari and SR Raghunathan, that the 2010 amendment exceeded state jurisdiction and required Presidential approval due to its conflict with Union legislation. Rejecting the State government’s argument for the coexistence of state and Central laws, the bench ruled that only the procedures outlined in the Union law should be followed for eviction, as stated in the 2013 amendment.

In their ruling, Justice Chakravarthy highlighted the inadequacy of the original provisions of the Waqf Act, 1995 in addressing encroachments on Waqf properties. He noted the recommendation of the Sachar Committee to extend the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 to waqf properties for the benefit of the public. While Tamil Nadu implemented the 2010 amendment based on this recommendation, many other states did not. Consequently, the Parliament amended the Waqf Act in 2013 to ensure uniformity in eviction procedures nationwide. The bench noted that this amendment superseded the 2010 state amendment.

In concluding their verdict, the bench emphasized, “The Parliamentary law intends to secure the protection of waqf properties which requires uniformity of law and consistency of its application all over the country. The Central Act is thus made as an exhaustive code on the subject. Therefore, the State enactment is repugnant to the Waqf Act of 1995 as amended in the year 2013.” 

The #MadrasHC has declared unconstitutional, a 2010 amendment which brought waqf properties under the ambit of the Tamil Nadu Public Premises (Eviction of Unauthorised Occupants) Act of 1976, reports @imranhindu https://t.co/2N6e2I1cvg

— The Hindu – Chennai (@THChennai) April 25, 2024

(with inputs from The Hindu)

Subscribe to our channels on Telegram, WhatsApp, and Instagram and get the best stories of the day delivered to you personally.

The post Madras HC Declares 2010 Amendment On Waqf Act Unconstitutional; Gives Authority To TN Waqf Board CEO To Order Encroachers’ Eviction appeared first on The Commune.