By TwoCircles.net Staff Reporter,
Hyderabad: In a major boost to Andhra Pradesh Wakf Board, the Supreme Court setting up a crucial legal precedent on Friday ordered Lanco Hills and other MNCs’ party to the 32,000 crore Manikonda wakf land litigation to mention in their property dealings and advertisements that concerned property is a part of encroached wakf litigation and contracts will be binding according to the final orders of the court.
The Wakf board has filed an additional pleading two months back on the special leave petition SLP-13954/2012 at divisional bench of Supreme Court notifying that Lanco Infrastructure Ltd, and other companies has increased the construction work on the litigated land and through big publicity exercise and advertisements those MNCs are selling and giving ownership of those constructed properties to other buyers, thereby increasing consistently the third party litigators in the case which will make Wakf land litigation much more complicated.
Advertisement campign to sale litigated wakf property
Justice R.M. Lodha and M.B. Lokar accepting the pleading of Wakf board issued orders to Lanco Hills and other MNCs that from now on in all their advertisements and sale deeds it should be specifically mentioned that the outcome of the properties in question will depend on the final Supreme Court orders.
In 2004, Congress Government of YSR Reddy just months after coming to power, allocated 1,630 acre prime wakf land of Dragah Hussain Shah Wali in the suburb of Hyderabad to corporates at throw away price via Andhra Pradesh Industrial Infrastructure Corporation. Government allotted 400 acres to Emaar, 108 acres to Lanco Hills, 54 acres to Microsoft, 50 acres to Infosys, 30 acres to Wipro, 5 acres to VJIL and 7 acres to Polaris and others by the way of auction and nominations, even after continues protest from Wakf board.
Board, however, took the matter to the state Wakf tribunal which in 2011 declared the Government action null and void. Congress Government. along with other companies approached the High Court challenging the Wakf board claim over the land. High Court in April 2012 uphold the Wakf tribunal order and declared the allotted land as Wakf property.
With the backing of the state and central Congress Government the effected companies filed a special leave petition in the Supreme Court challenging the High Court order. In May 2012 SC put a stay on the High Court order allowing Lanco Hills and other MNCs to carry on the construction work and business.
Earlier SC order was based on the assurance given by the state Congress Government that if Court decides in favour of Wakf board then board will be compensated or any alternate land of the same worth will be provided.
Senior Advocates Mukul Rohangi and Abhishek Manu Singhvi (senior Congress spokesperson) was representing Lanco Infra Tech owned by Vijaywada Congress M.P. Lagadpatti Rajgopal. Advocate Venkat Ramni represented Andhra Pradesh Industrial Infrastructure Corporation and Attroney General Vahanvati appeared for the Govt.
Advocates of Lanco Infra Tech argued before the court that already construction at the litigation site is completed and hundreds of sale deeds has been issued, any order at this juncture will hamper the project prospects. APIIC Advocate Ramni claimed that prohibition orders are not necessary as State Govt. has already promised alternate land of same worth if Judgment goes in the favor of Wakf board.
On this argument SC asked for clarification from Attorney General Vahanwati regarding the submission of the state Govt. in May last year, court inquired whether State Govt. has notified any other alternate prime land of same worth which can be allotted to wakf board. On which Attorney general conveyed that he doesn’t have any knowledge about any such notification.
Senior Advocates representing Wakf board Houzaifa Ahmedi and Fali .S. Nariman protested on the claims of APIIC and Lanco infra tech and clarified that A.P. Wakf board has never entered any agreement with the Government or considered any offer from for another alternate land. Wakf board in fact approached high profile religious seminaries from South India and got the Fatwa declaring that there can’t’ be any alternate to wakf land.
A.P. Wakf board chairman Gulham Afzal Biyabani in the press conference termed Supreme Court order a great vindication for the board to carry on their legal battel. He said A.P. Wakf board is working with the sole aim to retrieve back whole 1,654 acre land in the larger interest of whole Indian Muslims to set a precedent for other wakf litigations in whole country. He ruled out any back channel consultation with the Govt. and reiterated the earlier stand of the board which was formed after the consultation of religious seminaries that no alternative land or monetary compensation will be acceptable. He said in future if SC gives judgment in the favour of Wakf board all the sale contracts will be cancelled and hence becomes void according to law. Wakf board is hopeful that this fresh order will discourage gullible people from buying or entering into contract with MNCs on encroached wakf land.
Meanwhile on other hand Lanco hills which has $ 1.4 billion project on the encroached Wakf land played a different tune in leading business news dailies calling this order in their favor which didn’t halt construction or peddling of the property. According to litigator MNCs this order has just given some riders in the sale deeds and advertisements.
TwoCircles.net was the first news network to raise this issue of advertisement camping and sale of litigation wakf property without informing buyers about ongoing lawsuit. This was simultaneously taken up by local Urdu media which prompted AP wakf board to approach supreme court for putting riders on advertisement camping.
Related:
Enter your world of unlimited litigation: Lanco Hills vs AP Wakf Board