The outdated Bhopal space in Madhya Pradesh remained beneath heavy police bandobast Friday after the district administration gave possession on January 17 (Sunday) of a disputed land parcel measuring 2.88 acres, claimed to be a graveyard by Muslim neighborhood, to Rajdev Janseva Trust, an NGO, lots of whose trustees are BJP and VHP leaders.
The Trust is now within the strategy of establishing a boundary wall and plans to construct a neighborhood corridor within the space.
On Thursday, the residents within the space who had approached the Wakf Tribunal for a keep on development work, shut down their outlets in protest. The Wakf Tribunal is scheduled to listen to the continued title swimsuit on January 23.
Earlier on Sunday, curfew needed to be imposed within the jurisdiction of three police stations near the disputed website whereas part 144 was invoked in a number of locations within the space. Though the curfew was lifted Monday, folks’s motion near the disputed website stays restricted and close by markets are shut.
Pitambar Rajdev, Vice President, Rajdev Janseva Trust, mentioned the belief which had constructed the Sindhi colony, will develop a neighborhood corridor within the disputed land.
Of the 15 members of the Trust, many maintain positions in BJP, VHP and are employees of RSS. Trust member Alok Sharma, former mayor of Bhopal, is now the vice chairman of BJP in MP; one other trustee Vishnu Khatri is the sitting BJP MLA from Berasia; Bhagwandas Sabnani, one other trustee, is state basic secretary of BJP; SHASHIBHAI SETH, one other trustee, was the Sangh Sanchalak in RSS.
When requested in regards to the affiliation of the belief with RSS, Pitambar Rajdev, who’s a VHP Prant Pramukh, mentioned a number of members are affiliated with the RSS however the belief is an unbiased entity and carries out social welfare work.
“The curfew had been imposed to ward off the repeat of 2001-like situation sensing the sensitivity of the matter,” identified DIG Bhopal, Irshad Wali. Back then, the world had turned tense when the belief tried to take possession of the land.
When requested if the district administration can enable the possession of the disputed land when its nonetheless pending listening to within the Wakf Tribunal, a courtroom to settle the dispute over Wakf property, Bhopal Collector Avinash Lavania mentioned, “As per the Revenue land records, the land belongs to the Trust and there is no stay from any court that prohibits them from going ahead and taking possession. The issue of receiver has been resolved by the SDM; hence, legally, the trust was well within its rights to construct a boundary wall to take possession of its property.”
However, Sarwat Sharif Khan, lawyer on the Madhya Pradesh Wakf Board mentioned the matter to resolve the ultimate proprietor of the land (title suite) was sub-judice earlier than the Wakf Tribunal, the best courtroom to settle the dispute of Wakf properties. “The next hearing is on January 23. However, the Trust illegally took possession of the disputed land with the help of the district administration,” he alleged.
According to the federal government officers, as per the Revenue information of 1964-65, the 6.5-acre disputed land was registered within the identify of 1 Faiyaz Ali Shah who allegedly offered it to Vishambar Lal, head of the Rajdev household, which bought the land and later shaped the belief in 1964 for Rs 35,000. It had then assured to not demolish the 2 present graves.
Five years after in 1969, Vishmanbar Lal acquired the land use modified from the Nagar Nigam getting permission to assemble a colony. It was then in 2001 that he allotted 2.88 acres of land to Rajdev Janseva Trust.
Faiyaz Ali Shah was additionally talked about because the caretaker of the graveyard in 1964-65 information which exist on the 6.5 acres of land however not demarcated.
According to Sarwat Sharif Khan, lawyer of Madhya Pradesh Wakf Board, the then Nawab of Bhopal Sultan Jaha Begum had in 1915-16 declared the disputed land as a graveyard in her official decree and Faiyaz Ali Shah was merely the caretaker of the graveyard, and had no proper to promote the land as claimed by the Trust house owners.
The land was declared a Wakf property (graveyard) in 1974 by the Wakf Board survey. As per the legal guidelines governing Wakf property, any patch of land wrongly notified as Wakf property needs to be de-notified inside a yr, nevertheless, Sharif argued that until date the board has not acquired any utility from the alleged proprietor of the disputed land.
On Monday, a day after the belief took possession of the land, the Wakf Tribunal issued it a discover to current itself earlier than the Tribunal and clear its stand on the latest possession of the land. The discover was issued after Mohammad Suleman, who had in 2015 challenged the belief’s possession of the land, as soon as once more approached the Tribunal stating that latest work being carried out on the disputed website is against the law because the title suite is sub-judice earlier than the courtroom.
“When the next date of hearing before the high court is in February, the matter is clearly sub-judice in this case, how can the trust be given possession,” mentioned Rizwan Mohammad, son of Suleman Mohammad.
Bansilal Israni, authorized advisor of the Trust mentioned, “Following the SDM’s order, when the property was attached and both parties were asked to get the dispute settled, we approached the Bhopal Civil Court and won the case in 2003.”