Govt may resume Dargah Shah land - Real Estate India

??|?? December 2, 2012 ?? 11:50am ??|Contributed by manoja

HYDERABAD: After sitting on the issue for nearly a year, the Chief Commissioner of Land Administration (CCLA) has directed the Hyderabad district collector to demarcate a 37,000 sq metres prime land in Nampally which was transferred to Dargah Shah Khamoosh in 2008 ? apparently without following norms.

In December last year, former Hyderabad collector Natarajan Gulzar took up the issue and asked the CCLA to cancel the old land transfer saying it was government land, which is now valued at Rs 222 crore. However, no action was taken on the land which is looked after by Syed Akbar Nizamuddin Hussaini, secretary of Darusalam Educational Trust and chairman of Darusalam Bank, being run by the Majlis Ittehadul Muslimeen (MIM).

The fact that Akbar also happens to be a member of the Andhra Pradesh Wakf Board and a close aide of MIM supremo Asaduddin Owaisi, probably the reason why the issue was brushed under the carpet as MIM was until now a close ally of the Congress.

But now with the political equation changing in the state and MIM breaking its ties with the Congress government, the fallout between the two former allies is showing some bitter results, sources say. ?Nothing moved for over a year but now suddenly a new survey will be carried out to dig out what went wrong in the whole issue and probably the government might take back major part of the land after demarcation,? a revenue department official said.

The CCLA also directed the commissioner and director of Settlements to furnish the records pertaining to the earlier demarcation of the land on the Survey Nos. 18 and 19 of Nampally village and any issue regarding the land in question under Wakf Act.

According to revenue authorities the land in Town Survey (TS) Nos. 33/1, 11, 15, 18, 23, 36 and 37, Block D, Ward No 46 is classified as government land, and the land in TS Nos. 20, 26, 28, 30, 34, 38, 1, 7, 25 and 60 is classified as Dargah and Dargah Shah Khamoosh in Nampally. The entire land is now covered by two slums, Bharathnagar and near Dargah Shah Khamoosh. Both these slums were notified in 1979 as slums and about 500 families have been living since then.

Trouble over the land ownership began with the revenue department proposing to issue house site patta certificates to the slum dwellers more than a decade ago. The Mutawali of Dargah Syed Qutubuddin, who is father of present Mutawali, approached the court against the revenue department and AP State Wakf Board on the government?s decision to give patta certificates.

The court said the government can give patta certificates only for the government land under encroachment and not the land covered by the Wakf.

According to the first demarcation carried out by the then deputy director of Survey and Land Records in 1996, the Dargah was having an extent of 2,190 sq metres only, which included shrine building and graveyards. The rest of the land belonged to the government.

After several legal cases at various courts, the Dargah authorities represented by Syed Akbar Nizamuddin and AP State Wakf Board approached Wakf Tribunal against the district collector and CCLA for rectification of entries in town survey records. The tribunal ordered to change the entries and record it as Dargah Hazarath Shah Khamoosh. The then collector Naveen Mittal made the mutation in 2008 in respect of the survey nos in ward No 46 of Nampally.

Later Gulzar, who succeeded Mittal, pointed out that mutation was done illegally and the Mutawali obtained a decree without impleading the original occupants who were effected parties. He also said in his report that the Wakf Tribunal cannot reopen such cases and it has no jurisdiction to pass an order for rectification of entries in revenue records and only civil court alone was competent to pass such an order. ?The persons claiming the land deliberately not made the deputy director of survey and land records as party for his wrongful gain,? Gulzar had said in his report sent to CCLA.

Trouble over the ownership of Dargah Shah land began with the revenue department proposing to issue house site patta certificates to the slum dwellers more than a decade ago.

http://timesofindia.indiatimes.com/city/hyderabad/Govt-may-resume-Dargah-Shah-land/articleshow/17446134.cms

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