Gujarat High Court Refuses To Intervene In Order Declaring Construction Of Madrassa On State Property Illegal
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The Gujarat Superior Court just lately refused to interfere with an order handed by the Govt Engineer of the Surat Municipal Corporation, directing removal of an alleged “Madrassa” claimed to be built on a govt land, on the ground that the design was without prior permission of the skilled authority.
“In the view of the Court, in absence of any evidence on document concerning true functioning of educational institution and there is very little on history to indicate any permission to operating educational institution or constructing authorization to put up building of educational institution and the factual assertion not becoming controverted that the premises were staying applied for business function, the Court docket is not inclined to interfere with the ongoing approach, which according to the Court is in accordance with the provisions of GDCR,” Justice AY Kogje mentioned.
The Petitioners, Madrasa-e-Anware Rabbani Waqf Committee, experienced filed a petition for the quashing of the impugned observe and purchase which declared that the Petitioner-Waqf was unauthorised occupant of the govt land and the building on these types of land was unlawful. The Petitioner also sought a path to the Respondent authorities for the regularisation of the building of the premises of the Petitioner.
The Petitioner’s circumstance was that the subject land was originally owned by 5 brothers and by way of an oral present deed had been transferred in favour of the Waqf which was representation by the Petitioner as its ‘Muttwali’. The Petitioner thereafter was working a ‘Madrassa’ to provide instruction to Muslim college students. Having said that, given that the transaction was an oral present deed, the same could not be entered into the income history. Subsequently, in 2021, the Town Study Superintendent beneath Portion 61 of the Land Revenue Code purchased the removal of the design of the Madrassa on the ground that the construction was unlawful even as a penalty was imposed on the Petitioner.
The Waqf Tribunal directed the petitioner to post an application for refreshing enhancement permission or regularization along with important options and directed respondent Nos.1 and 2 to decide such application in accordance with legislation. On the other hand, vide an order of 28th March 2022, the Respondent (Executive Engineer) purchased the removing of development in just 7 times. Therefore, the existing proceedings were instituted.
For each contra, the Respondent authorities submitted that the topic land was acquired by the government in 1967 and the first house owners had gained compensation in this regard. The land, was hence, owned by the Point out authorities and the Petitioner had any authorized appropriate to occupy the construction nor did the Madrassa own any permissions for the safety of small children. It was submitted that the Petitioner was coming in way of improvement of the land for community uses.
Judgement
Justice AY Kogje observed that the photos of the house did not point out the operating of the faculty but instead the shutters confirmed that there was a commercial institution (garage). Further, in troubles of managing academic establishments, the similar is governed by the Gujarat Enhancement Regulate Laws alongside with permission of the authorities. There was nothing at all on record to show that the construction was carried out for developmental applications. No evidence was positioned that learners have been researching in the institution.
Even more, the land in question, owned by the five brothers experienced been duly compensated for in 1967 and a possession receipt was issued to that influence by the brothers. To the Bench it appeared that the Petitioner and other occupants of the plot ended up getting gain of the point that no earnings records were present. The State Authorities was suggested to observe the situation carefully to appropriate such lapses, which includes holding general public servants dependable.
The Court reported that the Petitioner experienced also unsuccessful to show any renovation and ‘construction completion’ certification to the Condition in reaction to the impugned see issued beneath Portion 260(1)(a) of the Gujarat Provincial Municipal Businesses Act, 1949. Moreover, for the reason that the Petitioner could not advance any doc to establish lawful occupation, the Petitioner’s home could not get the progress authorization or regularisation of construction of any nature.
Maintaining in perspective all these good reasons, the Bench was not inclined to interfere with the procedure initiated by the Point out authority. Accordingly, the petition was dismissed.
Scenario Title: MADRASA-E-ANWARE RABBANI WAQF COMMITTEE v/s SURAT MUNICIPAL Company
Case No.: C/SCA/8283/2022
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