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2020 DIGILAW 548 (TS)

Shaik Naseeruddin v. Chief Secretary

2020-07-13

K.LAKSHMAN

body2020
ORDER : 1. This writ petition is filed to direct the respondents to coordinate and cooperate with each other in the construction of boundary wall on graveyard open land of Qutub Shahi Masjid in Survey No. 89 situated at Bharath Nagar, Uppal Kalan, Medchal-Malkajgiri District within a reasonable specified period of time. 2. Heard Sri. Habeeb Jaffar Bin Hasan, learned counsel for the petitioners, learned Government Pleader for Social Welfare for the 2nd respondent, Sri. Farhan Azam Khan, learned Standing Counsel for respondents 3 and 4, learned Government Pleader for Home for respondents 5, 7, 10, and 11 and learned Government Pleader for Revenue for respondents 6 and 9 and Sri. Sampath Prabhakar Reddy, learned counsel for the 8th respondents. 3. The above stated counsel appearing for their respective parties would submit that there is no dispute with regard to facts of the case and sought to decide the writ petition on merits. Therefore, with the consent of the learned counsel for the petitioners and the learned counsel/Government Pleaders/Standing Counsel appearing for respondents, this writ petition is disposed of at the admission stage. 4. Sri. Habeeb Jaffar Bin Hasan, learned counsel for the petitioners would submit that the petitioners are residents of Uppal Kalan, Medchal-Malkajgiri District. The 1st petitioner is the Mussali (person who perform prayers in a Mosque) of Qutub Shahi Masjid, Bharatnagar, Uppal Kalan, Medchal-Malkajgiri District. Petitioners have been making efforts to safeguard the Waqf properties from illegal encroachment of the graveyard of the subject Masjid by constructing boundary wall around the graveyard and open land of the subject Masjid. According to the petitioners, the subject Masjid is the notified gazette Waqf property published in Supplement Part-II of Andhra Pradesh Gazette No. 6-A, dated 09.02.1989 with Serial No. 2999, at Page 250 of the said gazette with specific boundaries and survey number. 5. It is further submitted by the learned counsel for the petitioners that the petitioners, for the purpose of construction of boundary wall and sanction of budget, have submitted a representation dated 29.10.2017 to the Deputy Chief Minister and the same was considered. Accordingly, the Minorities Welfare Department has sanctioned an amount of Rs. 18,09,000/- for construction of boundary wall around the subject Masjid by way of issuing G.O.Rt. No. 291 dated 18.12.2017. Accordingly, the Minorities Welfare Department has sanctioned an amount of Rs. 18,09,000/- for construction of boundary wall around the subject Masjid by way of issuing G.O.Rt. No. 291 dated 18.12.2017. It is submitted by the learned counsel for the petitioners that the said amount was also paid to the 8th respondent-Deputy Commissioner, Circle-2, GHMC, Uppal on 05.10.2018 itself. A committee for construction of the compound wall was also constituted vide proceedings dated 09.04.2018 by the 8th respondent. Meetings were conducted. There is exchange of correspondence between the respondents. Even then, the respondents are not proceeding with the construction of the compound wall. According to him, there is no coordination and cooperation among the respondents and they are blaming each other. Ultimately, there is delay in construction of the compound wall. 6. Learned counsel for the petitioners would further submit that the petitioners have submitted representations/reminders dated 23.12.2019, 24.12.2019, 26.12.2019 and 03.01.2020 to the respondents 3 to 11 with a request to remove the illegal and unauthorized occupants from the graveyard land and to construct boundary wall around the graveyard and the open land of the subject Masjid at Uppal. Despite the same, the respondents are not proceeding with the construction of compound wall and removal of illegal occupants. Therefore, the present writ petition. 7. It submitted by Sri. Farhan Azam Khan, learned counsel appearing for respondents 3 and 4 that the subject Masjid is a Waqf property and a committee was constituted by the 8th respondent, for construction of compound wall. According to him, the GHMC has to take steps for construction of the compound wall by removing the illegal constructions and the officials of respondents 3 and 4 are ready to cooperate with the GHMC authorities. With the said submissions, learned counsel for respondents 3 and 4 sought to pass necessary orders in accordance with law. 8. Sri. Sampath Prabhakar Reddy, learned counsel appearing for the 8th respondent would submit that it is the Waqf Board which has to remove the encroachments as per Section 54 of the Waqf Act, 1995 and they have to cooperate with the GHMC authorities for removing the illegal encroachments and evicting illegal occupants. He would further submit that, however, a committee was constituted with 11 members vide proceedings, dated 09.04.2018 itself. All the 11 members have to coordinate with each other in constructing the compound wall. He would further submit that, however, a committee was constituted with 11 members vide proceedings, dated 09.04.2018 itself. All the 11 members have to coordinate with each other in constructing the compound wall. He would further submit that they have already addressed letters to the other respondents seeking their cooperation in removing the illegal constructions and the unauthorized occupants. He would further submit that the 8th respondent is ready to complete the construction of compound wall by removing the illegal occupants of the subject Masjid. 9. Learned Government Pleader for Revenue would submit that they have furnished relevant information to the GHMC authorities and also to the Waqf Board and they are ready to cooperate for construction of the compound wall. 10. Learned Government Pleader for Home would submit that they are ready to extend the required assistance as and when required by the GHMC, Revenue and Waqf Board authorities. With the said submissions, the learned Government Pleader for Home sought to pass necessary orders as per law. 11. As stated above, with the consent of the learned counsel appearing for petitioners and respondents, this writ petition is disposed of at the admission stage since there is no dispute with regard to the facts of the case. 12. From the pleadings of the writ affidavit and also the contentions of the parties, it is not in dispute that the subject Masjid is the notified Waqf property published in Supplement Part-II of A.P. Gazette No. 6A, dated 09.02.1989 with Serial No. 2999, at Page 250 of the said gazette. The boundaries and survey numbers are also specifically mentioned in the said gazette. Copy of the gazette is filed along with the material papers by the petitioners. 13. The petitioners herein, claiming to be the local residents of Uppal Kalan and the 1st petitioner, a regular Mussali (person who perform prayers in a Mosque) of the said Masjid, made a representation on 29.10.2017 to the Deputy Chief Minister with a request to construct boundary wall around the graveyard and open land of the said Masjid after sanction of budget. The said representation was considered and ultimately an amount of Rs. 18,09,000/- was sanctioned by the Department of Minority Welfare for the purpose of construction of boundary wall vide G.O.Rt. No. 291 Minorities Welfare (Estt.I) Department dated 18.12.2017. The said representation was considered and ultimately an amount of Rs. 18,09,000/- was sanctioned by the Department of Minority Welfare for the purpose of construction of boundary wall vide G.O.Rt. No. 291 Minorities Welfare (Estt.I) Department dated 18.12.2017. It is also not in dispute that the said amount was paid to the 8th respondent-GHMC by way of a cheque bearing No. 262523 dated 05.10.2018, drawn on State Bank of India, Keesara in favour of Commissioner, GHMC, Hyderabad. The said fact of payment of Rs. 18,09,000/- by the Minorities Welfare Department to the GHMC is not disputed by the learned Standing Counsel for the 8th respondent. 14. It is also an admitted fact that the 8th respondent vide proceedings LR. No. A/299/GHMC/Cir-2/2018, dated 09.04.2018 had constituted a committee for the purpose of construction of the compound wall with 11 members. It is specifically stated in the said proceedings, dated 09.04.2018 by the 8th respondent that the officers and representatives of the Welfare Associations are requested to monitor the construction work of the boundary wall for open land at the subject Masjid. 15. Vide proceedings dated 06.02.2018, the District Collector called for certain information including plan, estimates of the construction etc., from the 8th respondent. The 6th respondent-District Collector, Medchal-Malkajgiri District vide his letter dated 16.02.2018 instructed the 9th respondent-Tahsildar, Uppal Mandal to send a land clearance report and take police protection for removing the temporary occupants, if any and send the completion report immediately for construction of boundary wall. Vide proceedings dated 12.09.2018, the 8th respondent submitted the proposals such as estimate, plan, photographs and construction committee proceedings to the 6th respondent-District Collector for release of the funds. As stated above, the said amount of Rs. 18,09,000/- was paid to the 8th respondent vide cheque dated 05.10.2018 itself. The copies of the said estimate, plan, photographs etc. are filed by the petitioners along with the writ petition. Vide proceedings No. 72/Permiss/RR/2016 dated 02.04.2018, the 4th respondent Waqf Board has granted permission to the Mutawalli of the subject Masjid for construction of compound wall with certain conditions which are specifically mentioned therein. 16. Vide proceedings dated 28.09.2018, the District Minority Welfare Officer, Medchal-Malkajgiri District granted administrative sanction of the said amount of Rs. 18,09,000/- and accordingly, the said amount was paid to the 8th respondent. 16. Vide proceedings dated 28.09.2018, the District Minority Welfare Officer, Medchal-Malkajgiri District granted administrative sanction of the said amount of Rs. 18,09,000/- and accordingly, the said amount was paid to the 8th respondent. Thereafter, tenders were called for construction of the said compound wall by way of issuing notice dated 06.02.2019 inviting tenders. 17. A meeting of the Members of the Construction Committee was conducted on 15.07.2019 and the attendees of the said meeting have decided to involve certain officers including the Chief Executive Officer, Telangana State Waqf Board, Chairman, Telangana Waqf Board, Commissioner of Police, Rachakonda etc. as specifically mentioned in the circular dated 17.07.2019, for the purpose of construction of the compound wall and the next meeting would be held on 22.07.2019. Accordingly, another meeting was held on 22.07.2019 wherein the other officers, as mentioned in the circular dated 17.07.2019, were involved and the attendees of the meeting have discussed about the problems being faced to construct the compound wall as well as to resolve the said problems. The observations were mentioned in the Minutes of the Meeting dated 22.07.2019. A joint report of the Executive Officer, I/C Inspector Auditor Waqf Medchal-Malkajgiri District and Surveyor, Telangana State Waqf Board was also submitted to the Chief Executive Officer, Telangana State Waqf Board-4th respondent herein. 18. The 4th respondent has addressed a letter dated 06.09.2019 to the Executive Engineer, R & B, National High Way, Hyderabad Division, intimating him that there is no possibility from corner from widening of Main road leading from Hyderabad to Warangal due to presence of old graveyard and it was requested to exempt the same by making necessary alternative arrangements in the interest of Waqf. Vide proceedings dated 21.09.2019, the 4th respondent requested the 9th respondent to take immediate action for removal of temporary unauthorized illegal occupants in graveyard which is located at southern side of the subject Masjid under coordination with the GHMC and police authorities by fixing the date of removal of encroachments as 05.10.2019. The 4th respondent has also informed the 9th respondent that the he will depute the executive staff of Waqf Board for the purpose of removing of unauthorized occupants. 19. According to the petitioners, despite the above said proceedings, circulars, correspondence, there is no progress in construction of compound wall from September 2019 onwards. The 4th respondent has also informed the 9th respondent that the he will depute the executive staff of Waqf Board for the purpose of removing of unauthorized occupants. 19. According to the petitioners, despite the above said proceedings, circulars, correspondence, there is no progress in construction of compound wall from September 2019 onwards. Therefore, the petitioners have submitted representations/reminders dated 23.12.2019, 24.12.2019, 26.12.2019 and 03.01.2020 to all the respondents with a request to coordinate and cooperate with each other and construct the compound wall by evicting the illegal occupants. Despite receiving and acknowledging the said representations/ reminders, the respondent authorities are not proceeding further. 20. Learned counsel for the petitioners would submit that an amount of Rs. 18,09,000/- was paid to the 8th respondent on 05.10.2018 itself. Due to the said inordinate delay on the part of the respondent authorities, there is no progress in construction of the compound wall and the illegal occupants are continuing in the subject Masjid. There is no coordination and cooperation among the respondent authorities. 21. There is no dispute with regard to the above said factual aspects, more particularly, the correspondence/proceedings/circulars. 22. Admittedly, permission was granted for construction of compound wall by removing the illegal occupants. An amount of Rs. 18,09,000/- was sanctioned and paid to the 8th respondent. There is correspondence among the respondents with regard to steps to be taken for removal of illegal occupants from the subject Masjid and for construction of graveyard compound wall. As per Section 54 of the Waqf Act, 1995, the Chief Executive Officer of the Waqf Board is having power to remove the illegal encroachers from the Waqf property. Procedure is laid under Section 54 of the Waqf Act. The 8th respondent has to make construction of compound wall. Police have to extend assistance, if necessary, for removal of illegal occupants. 23. It is relevant to note that estimate, plan, photographs and construction committee proceedings were submitted to the 6th respondent-District Collector by the 8th respondent- Deputy Commissioner, GHMC, long back i.e. on 12.09.2018 itself. Since there were certain issues for removal of illegal occupants from the subject Masjid, the 8th respondent has constituted a committee consisting of 11 members including the representatives of Welfare Associations and Officers of GHMC, R&B. The said members of the construction committee have to monitor the construction of compound wall. 24. The committee was constituted on 09.04.2018 itself. Since there were certain issues for removal of illegal occupants from the subject Masjid, the 8th respondent has constituted a committee consisting of 11 members including the representatives of Welfare Associations and Officers of GHMC, R&B. The said members of the construction committee have to monitor the construction of compound wall. 24. The committee was constituted on 09.04.2018 itself. Two meetings were held on 15.07.2017 and 22.07.2019. In the meeting held on 15.07.2017, the attendees of the meeting, members of the construction committee have decided to involve the top level officers such as Chief Executive Officer, Waqf Board, Commissioner of Police, Rachakonda, ACP, Malkajgiri, Executive Engineer, National Highway, Hyderabad Division and the Executive Engineer, Roads and Buildings, for the purpose of removal of certain issues in construction of compound wall. Accordingly, another meeting was held on 22.07.2019 wherein after lengthy negotiations, certain observations were made including demarcation of land pertaining to the subject Masjid by the Tahsildar, Uppal, road widening etc. Tenders were called for vide Tender notice dated 06.02.2018 itself. A date was fixed as 05.10.2019 for removal of unauthorized illegal occupants from the subject Masjid by the 4th respondent. Despite the said proceedings, there is no progress in construction of the compound wall from September 2019. There is no coordination and cooperation among the respondent officials. 25. This is a classic case of red-tapism and lethargic attitude of the official respondents. The respondents, more particularly, the 4th, 6th, 8th, 9th and 10th respondents are blaming each other. It appears that there is no coordination and cooperation among the respondent authorities. The very purpose of constituting a committee with 11 members by the 8th respondent for construction of compound wall is defeated. Despite receiving the said amount of Rs. 18,09,000/- way back on 05.10.2018, the 8th respondent is not taking serious steps in construction of compound wall. Mere appointment of construction committee and conducting meetings is not sufficient. The 8th respondent has to take all necessary steps for construction of compound wall by overcoming all the issues that arises in coordination with the other respondent authorities. There is no proactive approach on the part of the 8th respondent. There is no explanation for the delay caused in completion of the work. There is no explanation with regard to removal/eviction of illegal and unauthorized occupants on the date fixed for it i.e. 05.10.2019. There is no proactive approach on the part of the 8th respondent. There is no explanation for the delay caused in completion of the work. There is no explanation with regard to removal/eviction of illegal and unauthorized occupants on the date fixed for it i.e. 05.10.2019. Admittedly, the petitioners have submitted several representations/reminders as sated above and the respondent authorities have received the same. 26. In view of the above sated facts and circulars/correspondence/proceedings, which are not disputed by the counsel appearing for the respondents, this writ petition is disposed of with the following directions: (a) all the respondent authorities shall coordinate and cooperate with each other in removing the illegal occupants from the subject Masjid i.e. Qutub Shahi Masjid in Survey No. 89 situated in Bharath Nagar, Uppal Kalan, Medchal-Malkajgiri District, a Waqf property and construct a compound wall. (b) the 8th respondent-Deputy Commissioner, Circle-2, Uppal GHMC, R.R. District is directed to coordinate with the 4th respondent-Chief Executive Officer, Telangana State Waqf Board, in removal of the illegal occupants and construction of compound wall. (c) the 4th respondent shall initiate all necessary steps for evicting illegal occupants in accordance with law and shall extend its cooperation in completing construction of compound wall. (d) the 5th respondent-Commissioner of Police, Rachakonda Commissionerate, is directed to render assistance to the respondents 4 and 8 in removal of illegal occupants, if necessary, as and when requested by the respondents 4 and 8. (e) the 6th respondent-District Collector, Medchal-Malkajgiri District is directed to render necessary assistance to the respondents 4 and 8 in construction of the compound wall by removing illegal occupants in the subject Masjid. (f) all the respondents are directed to complete the said exercise of construction of compound wall of the subject Masjid by removing the illegal occupants by coordinating and cooperating with each other within a period of three (3) months from the date of receipt of a copy of this order. 27. However, there shall be no order as to costs. As a sequel, miscellaneous petitions, pending if any, shall stand closed.