By Mumtaz Alam Falahi, TwoCircles.net,
Patna: In a disturbing trend catching up over some time because of skyrocketing land price, wakf properties are being encroached upon and either sold to private parties by culprits or converted into public property by the government. In a similar case, the Patna High Court has recently allowed for a pucca road on a Muslim graveyard in Jahanabad district.
The Alinagar Pali Qabristan has been in use for burial for long. It was an unfenced graveyard as is the general case in rural areas and the local residents would use it to cross over. So over the time there had come a passage, not concrete road, over the graveyard. But when in 2004-05, on the request of the local Muslims, local administration began fencing the graveyard, the locals, mostly Yadavs, protested and demanded a pucca road across the graveyard. The fencing work was stopped.
Patna High Court
A local Muslim Sabban Shah S/O late Nabbu Shah filed a writ petition in the Patna High Court to remove encroachment and crops from the graveyard (Plot No. 459) and not to disturb the graves existing on that land.
But in its 4th May 2011 judgment on the petition, the Honorable High Court gave its nod for a pucca road on the graveyard or for putting it use for public purpose.
“In public interest, we have no hesitation in granting the relief that the land in question should be treated as Gairmazarua Aam Parti Kadeem land and it should not be settled with any private person and the grave existing on the said land should not be disturbed. It is clarified that this order shall not stand in the way of the road being made pucca or the land being put to use to public purpose,” the court order reads.
The court further said that the land in question (Plot No. 459), though it has graves, is not a graveyard, rather a Gairmazarua Aam Parti Kadeem as the Khatian discloses.
“From the documents available on record it is clear that another Plot No. 455 is recorded as graveyard and has already been demarcated and placed under a boundary wall. In respect of the plot in question i.e. Plot 2 No.459, the Khatian discloses the land to be Gairmazarua Aam Parti Kadeem which means public land under no particular purpose and available for use of all the people,” the court observed.
However, Mohd Jamal Rahmani, convenor, Wakf Bachao Tehreek based in Jahanabad, says something else. “Alinagar Pali Qabristan is a living graveyard. Burial was going on there. It was not fenced. There was a kuccha road,” Rahamani told TwoCircles.net on phone from Jahanabad.
Rahmani, who himself is secretary of Makhdoompur graveyard in Jahanabad, admitted that Alinagar Pali Qabristan was a wakf property though it was not registered with the wakf board. He further informed that fencing of the graveyard began in 2004-05 but it was stopped as local Yadavs wanted a pucca road from the middle of the graveyard.
Haji Badiur Rahman, former secretary of Jahanabad district Awkaf Committee, looked ignorant of the High Court order. He, however, said that Alinagar Pali Qabristan is not just one in the district. “Here are dozens of unprotected graveyards. Some are in use, some others deserted. Wakf properties are being encroached upon and sold because we get dishonest chairmen at the wakf board,” Haji Rahman told TCN. To support his point he cited the case of Azmatunnesa Wakf Estate in Jahanabad. The government wanted to use the property for a highway but he led a strong protest of the local Muslims and the plan was changed.
“Recently the government wanted to cross a highway from Azmatunnesa Wakf Estate but they had to change their mind only after we protested strongly. The proposal has been withdrawn and now the road will go from western side of the village without touching the wakf property,” Haji Rahman informed.
He urged the Muslims cutting across the sectarian divide to get united to protect the wakf properties because their proper utilization can change the condition of the community. “Muslims should get united on the issue. We have wakf properties worth billions of rupees yet we beg from the government,” said he.
Formed in the context of growing encroachment of wakf properties, Wakf Bachao Tehreek, its convenor Mohd Jamal Rahmani said, will soon meet the Governor to seek his intervention to protect the wakf properties.
On the purpose and demand of his Tehreek, Mohd Jamal Rahmani said: We have formed Wakf Bachao Tehreek to protect wakf properties. We want honest and IAS rank officers at wakf board, not promoted ones. We are planning to meet Governor regarding encroachment of wakf lands going on at war level across the state.”
Meanwhile, in a similar case related to a Muslim graveyard in Gardanibagh area in Patna, the Patna High Court on 25th May rejected a Public Interest Litigation that had sought court direction to the authorities not to renovate or construct a pond on plot no. 1427 which is described in Khatiyan as graveyard (Qabristan).