AIKC’s Byculla Hospital Plan Faces Waqf Tribunal Challenge Over Property Status Dispute, Hearing On October 5

Mumbai: Even as the All India Khilafat Committee (AIKC) plans to construct a multi-speciality hospital on its historic Byculla premises, the Maharashtra State Waqf Tribunal has summoned the trust to appear on October 5. The summons follows a suit filed by two Mumbai residents challenging the committee’s assertion that the organisation does not constitute a Waqf property.

Trust Challenges Waqf Board’s Jurisdiction

Earlier, the AIKC contested the jurisdiction of the Maharashtra State Board of Waqf to demand its accounts, maintaining that it is a public trust governed by a civil court-approved scheme. In its response to the District Waqf Officer, the committee demanded the immediate withdrawal of a notice issued under Section 61 of the UMEED Act, describing the move as illegal and arbitrary.

However, the suit contends that the AIKC is registered as a Muslim religious endowment under the UMEED Act, which strictly prohibits the alienation and unauthorised development of such properties. Community leaders, including Shuaib Khatib, former trustee of the Jama Masjid, have accused the management of illegally diverting an endowment into a private project, noting that all Muslim trust files were transferred to the Waqf Board.

AIKC Rejects Waqf Classification Claim

Contesting these claims, AIKC Chairman Sarfaraz Arzu maintained that the organisation was registered as a public trust under English Common Law. "The files were transferred without notice. Numerous trusts challenged this transfer in 2003, and the matter remains before the Supreme Court," Arzu said.

The committee cited earlier judicial rulings emphasising that a valid Waqf requires vesting property titles in the Almighty. AIKC pointed to a May 1964 Bombay City Civil Court decree establishing a scheme where its properties vest in trustees rather than God, rendering the organisation ineligible for Waqf classification.

Furthermore, the AIKC questioned the inclusion of its name in the official Waqf list, asserting that the Survey Commissioner failed to issue notices or conduct a mandatory inquiry under Section 4 of the Act, rendering the notification void.

Separately, the trust clarified that its 1,408.31-square-metre property in Mazgaon is state-owned leasehold land. "A Waqf endowment cannot exist on leased land, as Waqfs are created in perpetuity. We recently secured a lease renewal from the government, forming the basis for municipal approvals," Arzu explained, noting a registered lease deed executed on May 4, 2023, by the Governor of Maharashtra.

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