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Setback to Andhra waqf board: SC stays HC order on Manikonda waqf land

By Md. Hassaan Khan,for TwoCircles.net,

Hyderabad: The Supreme Court on Tuesday gave an interim relief to the state government and several corporate entities, as it issued a stay on Andhra Pradesh High Court order barring the company from continuing construction at its township project in Manikonda. On April 3, the High Court had dismissed writ petitions filed by the state government, AP Industrial Infrastructure Corporation (APIIC) and leading infrastructure development firm Lanco Hills Ltd challenging a notification declaring 1,600 acres of Manikonda village as the property of Dargah Hussain Shah Vali,and thereby Waqf Board property. The Supreme Court stay order has sent shock waves among the Muslim community. More shocking for them is the fact that the govt of Andhra Pradesh led by the Congress took the services of Attorney General of India, Mr. Ghulam Eesaji Vahanwati in this matter.

The AP High Court had dismissed civil revision petitions filed by the government and Lanco against AP Waqf Tribunal order granted last year against construction on the contentious piece of land. The court had directed the government, APIIC and other allottees not to alienate, alter or sell those pieces of land.



The HC order meant that the Lanco and others would have to stop work, including construction and selling of the land, following the Waqf Tribunal’s injunction. The government and Lanco subsequently moved the apex court. The government told the SC that the land was allotted to various companies through competitive bidding and assured the court that the government will adequately compensate AP Waqf Board if it emerges that the land belongs to it.

Granting an interim stay on the High Court order, and the Waqf Tribunal’s injunction, the Supreme Court Bench comprising Justices K.S. Radha Krishnan and Dipak Mishra took note of the government’s assurance and allowed Lanco to proceed with construction. The case is posted to August for further hearing.
Reacting to the interim relief, Lanco Infratech Limited’s chairman, L. Madhusudhan Rao, said, “We are pleased (with the apex court’s ruling). This order has removed all hurdles for Lanco Hills towards developing the project.” Lanco had obtained around 100 acres through bidding, initiated by the state government, at Rs. 4.27 crore per acre for the Rs. 5,000-crore township project. The government has allotted land to Microsoft, Infosys, Polaris, ISB, Wipro, Emaar and others in Manikonda area.



Shocked by this order of Supreme Court, Waqf Board chairman Mr. Afzal Biabani Khusro Pasha reacted by saying, “our case is strong, this is proved by the statement of the government that they will compensate the board.” He also said that we appointed eminent lawyers and at last the judgment will be in our favour. In the matter of the compensation of Waqf land, it would be decided by the advice of the religious scholars. He vowed that board will never compromise with the government on waqf land issue.

The large sections of the Muslim community believe that the government has sided with such companies and persons who are completely corrupt and infamous in many scams. Political analysts believe that the consequences of this order will have effect on the coming by-elections.