A complaint filed with the Wakf Board has called for an inquiry into the transfer of the Musafirkhana building and an attached mosque to India's largest urban renewal scheme in Bhendi Bazar.
The complaint has asked for an investigation into the permission granted by the Charity Commissioner to allow the Haji Ismail Haji Habib Musafirkhana Trust to transfer the property to the Saifee Burhani Upliftment Trust (SBUT), which is building the 16.5-acre Bhendi Bazaar redevelopment project.
The complaint says that the building is a Wakf property or a Muslim religious endowment, making the approval granted by the Charity Commissioner 'null and void'. While the Charity Commissioner has jurisdiction over public trusts registered under the Bombay Public Trust Act, the 1995 Wakf Act transferred all Muslim religious endowments to the Wakf Board. Many Muslim trusts have contested the transfer, claiming they are still under the jurisdiction of the Charity Commissioner.
The Haji Ismail Haji Habib Musafirkhana building, with a mosque on the ground floor, is part of the 16.5-acre Bhendi Bazaar redevelopment project being undertaken by the SBUT set up by the Dawoodi Bohra community. Many buildings in the development, like the Musafirkhana, were owned by other Muslim sects. The project involves redeveloping around 250 buildings with 3200 tenements and 1250 shops and converting the area into a cluster of 11 multi-storeyed buildings with open spaces and facilities like renewable electricity. SBUT said that 'vested interests' were raising the issue. "The dispute over the Musafirkhana Trust Building's status as a Waqf property was never raised before 2009 when the project was launched. It was for the first time raised by a few tenants in 2019," said the SBUT spokesperson.
The complaint by Shuiab Khatib, a trustee of Jama Masjid, one of the most important mosques in the city, has said that the Haji Ismail Haji Habib Musafirkhana building is certified as a Wakf property by the Chief Executive Officer of Maharashtra State Board of Wakfs. The complaint says that in 2021, a suit was filed by the Wakf Board in the Wakf Tribunal for setting aside the sale deed between SBUT and the Musafirkhana trust. Khatib’s application says that SBUT has been denying the status, instead claiming it is a public trust governed by the Bombay Public Trust Act.
Khatib said that the mosque features a placard that shows that the property was dedicated in the 1280 Islamic year as a Musafirkhana for Hajis traveling on pilgrimage, thus making the property 166 years old. It is contended that the property was listed as a Wakf endowment in a 1944 Gazette and documents suggest that the trustees endorsed this inclusion. Later properties like the Musafirkhana that were registered under the old Musalman Waqf Act, of 1923 were registered under the Bombay Public Trust Act, with the Charity Commissioner getting the jurisdiction over the trusts. After the Wakf Act was passed, Muslim trusts were transferred to the Wakf Board. The facts make it clear that the subject Trust is a Wakf and an attempt to deprive the beneficiaries of its benefits by powerful and influential organisations such as SBUT.
SBUT said that the matter was escalated to the Supreme Court and on May 17, 2024, the court directed all parties to present their case to the Wakf Board which will determine whether the building is indeed a Waqf property. The decision is to be made within 12 weeks from the date of the court's order.
"The Waqf Board has already begun the hearings, with the first session held on July 24, 2024, and we are confident that the Board will carry out its responsibilities fairly and impartially as directed by the Hon’ble Supreme Court," the SBUT spokesperson added.
A complaint filed with the Wakf Board has called for an inquiry into the transfer of the Musafirkhana building and an attached mosque to India's largest urban renewal scheme in Bhendi Bazar.
The complaint has asked for an investigation into the permission granted by the Charity Commissioner to allow the Haji Ismail Haji Habib Musafirkhana Trust to transfer the property to the Saifee Burhani Upliftment Trust (SBUT), which is building the 16.5-acre Bhendi Bazaar redevelopment project.
The complaint says that the building is a Wakf property or a Muslim religious endowment, making the approval granted by the Charity Commissioner 'null and void'. While the Charity Commissioner has jurisdiction over public trusts registered under the Bombay Public Trust Act, the 1995 Wakf Act transferred all Muslim religious endowments to the Wakf Board. Many Muslim trusts have contested the transfer, claiming they are still under the jurisdiction of the Charity Commissioner.
The Haji Ismail Haji Habib Musafirkhana building, with a mosque on the ground floor, is part of the 16.5-acre Bhendi Bazaar redevelopment project being undertaken by the SBUT set up by the Dawoodi Bohra community. Many buildings in the development, like the Musafirkhana, were owned by other Muslim sects. The project involves redeveloping around 250 buildings with 3200 tenements and 1250 shops and converting the area into a cluster of 11 multi-storeyed buildings with open spaces and facilities like renewable electricity. SBUT said that 'vested interests' were raising the issue. "The dispute over the Musafirkhana Trust Building's status as a Waqf property was never raised before 2009 when the project was launched. It was for the first time raised by a few tenants in 2019," said the SBUT spokesperson.
The complaint by Shuiab Khatib, a trustee of Jama Masjid, one of the most important mosques in the city, has said that the Haji Ismail Haji Habib Musafirkhana building is certified as a Wakf property by the Chief Executive Officer of Maharashtra State Board of Wakfs. The complaint says that in 2021, a suit was filed by the Wakf Board in the Wakf Tribunal for setting aside the sale deed between SBUT and the Musafirkhana trust. Khatib’s application says that SBUT has been denying the status, instead claiming it is a public trust governed by the Bombay Public Trust Act.
Khatib said that the mosque features a placard that shows that the property was dedicated in the 1280 Islamic year as a Musafirkhana for Hajis traveling on pilgrimage, thus making the property 166 years old. It is contended that the property was listed as a Wakf endowment in a 1944 Gazette and documents suggest that the trustees endorsed this inclusion. Later properties like the Musafirkhana that were registered under the old Musalman Waqf Act, of 1923 were registered under the Bombay Public Trust Act, with the Charity Commissioner getting the jurisdiction over the trusts. After the Wakf Act was passed, Muslim trusts were transferred to the Wakf Board. The facts make it clear that the subject Trust is a Wakf and an attempt to deprive the beneficiaries of its benefits by powerful and influential organisations such as SBUT.
SBUT said that the matter was escalated to the Supreme Court and on May 17, 2024, the court directed all parties to present their case to the Wakf Board which will determine whether the building is indeed a Waqf property. The decision is to be made within 12 weeks from the date of the court's order.
"The Waqf Board has already begun the hearings, with the first session held on July 24, 2024, and we are confident that the Board will carry out its responsibilities fairly and impartially as directed by the Hon’ble Supreme Court," the SBUT spokesperson added.
