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The Goverment of India had formed Waqf Board to protect Waqf properties
.
Our
forefathers formed Waqf so that the income of these properties
could be used for religious works, helping destitute, widows and
divorcee women, meeting education expenses of poor children and
medical expenses of the poor sick people.The waqif (those who formed Waqf) had wishes that major portion of
the income from Waqf properties should be spent in ‘Azadari’ of Imam
Husain (A.S.), grandson of Prophet ‘Mohammad’ (saws.)
In Uttar Pradesh alone eight thousand Waqf properties are registered as
Shia Waqfs. The land of these Waqfs should be in lakhs of acres. In
big cities of the state main commercial points are situated on Shia
Waqf properties. In main areas of Lucknow like Hazratganj, Narhi,
Aminabad, Nazirabad, Chowk & Victoria Street Waqf properties have
either been vanished or usurped by influential people. Likewise in
mall
road Kanpur and Begum
Pul Meerut etc.& many other places across India
Politicians, Police, bureaucrats, land Mafias have occupied Waqf
properties in State. They could do so because Govt. machinery and
corrupt Board’s officials helped them. Property documents reach
their (usurpers) hands and Board has no evidence or paper to take
action against them. The members of the Board owe allegiance to
their masters in the Govt. who appoint them. We cannot expect them to do
any good work .
According to committees formed by Central Government Sachchar
Committee and other social organizations, Waqf properties in the
country encompasses 60 Lakh acres, third after Railways and
defence.
Railways and Defence are using and protecting their land properly
while Waqf Board is squandering their land through mismanagement. The
intellectuals in minority Community including Central minister of
minority affairs Mr. Rehman Khan are of the opinion that if Waqf
lands are property managed then the picture of Muslims could be
changed. Then Muslims need not look at corrupt officials and
donation seeking committees for education, health and other
charitable works and could progress on their own.
The Waqf properties could be saved if Waqf Board, its employees
Minority Welfare Deptt. Govt. Officials and Govt. work in tandem
with honesty and Transparency. But this is
wishful thinking.
That is why it was decided to form an association (N.G.O.) with
honest people having knowledge of Waqf affairs to protect and
develop Waqf properties, enlighten people and pursue Waqf cases by
providing correct information’s to govt. and its machinery.& this
website was created . It is not claimed that through these efforts, Waqf properties would be saved from
encroachment, but this is only a beginning, the first of its kind in
the country which would help in the long Waqf saving battle.
The aim and objective of NGO is the protection and security of the
Waqf properties and proper utilization of the Waqf income according
to the ‘will’ of its
founder and also managed as per
will. The NGO will
work in the direction that Waqf income is reached to the deserving
persons. The NGO will also work in direction to benefit of Govt.
Schemes for the minority welfare are reached to the needy persons. A
list of the deserving people will be made through a survey.
The NGO would like to associate persons who have knowledge of Waqf
and a desire to work for the welfare of the community. The NGO will
be registered as a ‘society’
or ‘Trust’ within three months of its inception. In each district a
unit will be formed comprising of Imam-e-Juma, Lawyers, reputed
persons of the Distt. The NGO will not work against any particular
persons or institution but only work for the welfare of Waqf
properties and that too on the basis of facts.
The body would work in following fields;-
1)
Save Waqf records and
save shia Waqf;-
In Waqf Board office most of the documents have vanished. These
could be found at the residence of former Board officials,
employees, ex-member of Board or land mafia. In Board office
register of section-37, is definitely available which shows the
details of Waqf properties. In legal cases, besides the copies of
section-37, we also need other documents like revenue records,
Will or Waqf deed,
survey reports Govt. Gazette etc. which the Board never provides our
aims is to secure these records and save these in computer via Right
to information and other legal means from Waqf Board, Waqf
Commissioner office, Gov. Gazette Office, Revenue Deptt., D.M.
Office, Municipal Office, A.S.I. and Archives. This is a stupendous
task and would be our main weapon in Waqf saving battle.
To get Waqf documents we can approach old Waqf lawyers, persons who
have knowledge about Waqf and other related persons and request them
to provide Waqf deeds or documents. We can also appeal publicly that
if any person have Waqf deed or document, be kind enough to provide
them so that we could save these documents in our computer. Our aim
is to save as much documents as possible in our computer so that
they could be used when need arise. This effort will start from
Lucknow. Later other cities will be taken up.
Why record saving is a must.
i)
Through illegal gratification Waqf mafia effect changes, cutting
even theft of Board documents. In such cases our computer records
will be of great help.
ii)
The records in District Headquarters of cities are very old. The
1862 first and last bandobust
document of city is in bad shape most of its content is missing.
Nobody is there to inspect it more trouble lies ahead.
The body wants to prepare a database by comparing all documents made
available by our patrons so that all relevant documents are
available on one click.
2)
To secure Waqf register No.37 and save its translation in computer:-
The register details of Board in Urdu are effective when their
translation is presented in the court. The
urdu copy and its
English/Hindi Translation Board would be kept in safe custody of NGO
and will be made available when need arises. On the basis of these
documents and documents made available by other sources, information
about every Waqf will be uploaded on NGO’s website in English so
that the community could know where and in which condition lies the
property of our community.
3)
To get Registered properties in Revenue records according to Waqf
records:-
One reason for the destruction of our properties is that they are
registered in Waqf Board but not in govt. records. The NGO will work
in this direction and based on facts will have correspondence with
the Board, Govt. offices and concerned mutawalli. In this connection
several orders of Hon’ble Supreme Court, Hon’ble High Court and
Revenue Boards are available. Correspondence could be done with the
reference of these orders and if need arises, court’s help will be
sought we will have to work to save our remaining properties.
4)
Survey of properties:
In the survey conducted by Govt. in 1989 enough Shia Waqf properties
were left out. The NGO will conduct its own survey on the following
lines.
i)
Comparison
with the Govt. Survey
ii)
Active Waqf – existing & providing funds.
iii)
Dead Waqf – only on paper.
iv)
Income of individual Waqf
v)
Property of individual Waqf
vi)
illegal
occupant
vii)
Waqf not registered in Waqf Board
viii)
Waqf not found in survey report.
ix)
Correction of Waqfs registered both in Shia and Sunni Waqf Basis.
This work can start in each location & will be available on
our website.
5)
Fight to free properties from unauthorized occupant:
as follows;
i)
Correspondence:
The NGO on will do correspondence with Waqf Board, Minority Deptt. &
Govt./Administration and highlight the facts, to save and develop
the properties.
ii)
Judicial:-
(a) N.G.O. can help the mutawalli
with its available records, (b) The N.G.O. itself fight the case (c)
The N.G.O can resort to PIL. (d) The N.G.O will collect facts about
Waqf & concerning officers who are not interested in their duties
and complaint against them with higher officials, Govt. and the
court. (e) The N.G.O. will fight in the court about disputed
properties and arrange lawyers and documents in this regard.
iii)
Democrative way means:Naming /Shaming-
The N.G.O. will present the facts about the embezzlement or wastage
of Waqf property before Imam-e-Juma and other Ulema so that they
could present the fats before the community in their sermons and
majlis and start a campaign at their level to save Waqf properties.
The body will also publicize these means in electronic and print
media and help the campaigners at every level.
6)
Development of Waqf properties:-
The NGO will work as a bridge between the
mutawalli, tenants,
Waqf Board and the govt. for the develop of undisputed Waqf
properties. For this purpose advice and help of Imam-e-Juma will be
sought. The NGO will help in choosing Shia builders and keep an eye
that income of Waqf is properly utilized.
7)
Immunities Bonds and Fixed Deposits in Banks;-
The Nawabs of Lucknow while creating Waqf deposited money with the
British Govt. for the maintenance of these Waqfs. The money is still
in the safe custody of the reserve
Bank of India. The Waqf
Board has not made
any move to secure this money and FD’s. The NGO will engage
professionals in direction.
8)
Demand to raise annuity:-
The Govt. had acquired land (Waqf) under Zamindari Abolition Act and
other laws for which Govt pays some small money as annuity annually to the
Board. The amount of this annuity has not increased in the past 50
years. If this annuity is fixed according to present circle rate, it
would be very high & enough to meet expenses of the Board.
9)
Survey of 'Govt. acquired' Waqf properties:
The NGO will do survey of Waqf properties which was lost under any act
of Govt. of India like Zamindari Abolition Act, Enemy property Act,
Evacuee property Act, Indian Trust Act and
the Ancient Monuments
& Archeological site and Remain Act etc. The NGO will work in the
direction to get back the Waqf properties to the Waqf Board.
10)
To make aware and educate people:-
The NGO will make the community aware of the wastage of Waqf
properties and educate interested people as to how they should
correspond with the Boards, Govt./ Administration and how to fight
legal battle. In this connection order of the Govt. and courts would
be available on NGO’s website. Information about concern office and
drafted letters for a particular problem would be available on
website. The NGO will provide free advice, documents and lawyers
services to the concerned persons of the community.
11)
Husainabad & Allied Trust:-
The NGO will work for Husainabad &
allied Trust in the
following field:- (i) Trust Management, (ii) Security and
development of the trust property
Waqfs.
12)
Waqf (Trust) :-
Managed by Minority Deptt. U.P. Govt.;-
(a) Shahi Shifa
Khana (i) Property destroyed, (ii) No work was done for the hospital
founded by king Naseeruddin-Haider.
(b) Shahi Khairat
Khana (i) Wasiqa, (ii) Immunity Bonds etc. (C) Kala Imambara
& other Charitable Institutions.
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