The complaint filed with the Wakf Board seeks an inquiry into the transfer of Musafirkhana building and mosque for the redevelopment of Bhendi Bazaar

The complaint filed with the Wakf Board seeks an inquiry into the relocation of the Musafirkhana building and an adjoining mosque to India’s largest urban renewal project in Bhendi Bazar.

The complaint has sought an inquiry into the permission granted by the Charity Commissioner for transfer of immovable property by Haji Ismail Haji Habib Musafirkhana Trust to Saifee Burhani Upliftment Trust (SBUT), which is implementing the 16.5-acre Bhendi Bazaar redevelopment project.

The complaint said the building was owned by a Wakf or a Muslim religious trust, making the approval given by the Charity Commissioner “null and void”. While the Charity Commissioner has jurisdiction over trusts registered under the Bombay Public Trust Act, the Wakf Act, 1995 transferred all Muslim religious trusts to the Wakf Board. Many Muslim trusts challenged the transfer, arguing that they were still subject to 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 SBUT, which was set up by the Dawoodi Bohra community. Many of the buildings in the development, like the Musafirkhana, belonged to other Muslim sects. The project involves the redevelopment of around 250 buildings with 3,200 tenements and 1,250 shops, and the conversion of the area into a cluster of 11 multi-storey buildings with open spaces and amenities such as renewable electricity. SBUT said that the issue was being raised by “stakeholders”. “The dispute over the status of the Musafirkhana Trust building as a Waqf property was never raised before 2009, when the project was launched. It was first raised by a few tenants in 2019,” the SBUT spokesperson said.

The complaint filed by Shuiab Khatib, trustee of Jama Masjid, one of the city’s most important mosques, said the Haji Ismail Haji Habib Musafirkhana building had been certified as a Wakf property by the Director General of the Maharashtra State Board of Wakfs. The complaint said that in 2021, the Wakf Board had filed a suit in the Wakf Tribunal seeking invalidation of the sale deed between SBUT and the Musafirkhana trust. Khatib’s application states that SBUT denies the status, claiming instead that it is a public trust governed by the Bombay Public Trust Act.

Khatib said the mosque has a plaque that shows that the property was consecrated in the Islamic year 1280 as a Musafirkhana for Haj pilgrims, making the property 166 years old. It is alleged that the property was listed as a Wakf trust in the 1944 Gazette and documents suggest that the trustees supported this inclusion. Later properties like Musafirkhana that were registered under the old Musalman Waqf Act, 1923, were registered under the Bombay Public Trust Act and the Charity Commissioner was given jurisdiction over the trusts. After the enactment of the Wakf Act, the Muslim trusts were transferred to the Wakf Board. The facts clearly show that the Trust in question is a Wakf and an attempt by powerful and influential organisations like SBUT to deprive the beneficiaries of its benefits.

SBUT said the matter has been referred to the Supreme Court and on May 17, 2024, the court directed all parties to present their case to the Waqf Board, which will determine whether the building is indeed owned by the Waqf. The decision is to be taken within 12 weeks from the date of the court order.

“The Waqf Board has already commenced hearings and the first session will be held on July 24, 2024. We are confident that the Board will discharge its duties fairly and impartially, in accordance with the guidelines of the Honourable Supreme Court,” the SBUT spokesperson added.

The complaint filed with the Wakf Board seeks an inquiry into the relocation of the Musafirkhana building and an adjoining mosque to India’s largest urban renewal project in Bhendi Bazar.

The complaint has sought an inquiry into the permission granted by the Charity Commissioner for transfer of immovable property by Haji Ismail Haji Habib Musafirkhana Trust to Saifee Burhani Upliftment Trust (SBUT), which is implementing the 16.5-acre Bhendi Bazaar redevelopment project.

The complaint said the building was owned by a Wakf or a Muslim religious trust, making the approval given by the Charity Commissioner “null and void”. While the Charity Commissioner has jurisdiction over trusts registered under the Bombay Public Trust Act, the Wakf Act, 1995 transferred all Muslim religious trusts to the Wakf Board. Many Muslim trusts challenged the transfer, arguing that they were still subject to 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 SBUT, which was set up by the Dawoodi Bohra community. Many of the buildings in the development, like the Musafirkhana, belonged to other Muslim sects. The project involves the redevelopment of around 250 buildings with 3,200 tenements and 1,250 shops, and the conversion of the area into a cluster of 11 multi-storey buildings with open spaces and amenities such as renewable electricity. SBUT said that the issue was being raised by “stakeholders”. “The dispute over the status of the Musafirkhana Trust building as a Waqf property was never raised before 2009, when the project was launched. It was first raised by a few tenants in 2019,” the SBUT spokesperson said.

The complaint filed by Shuiab Khatib, trustee of Jama Masjid, one of the city’s most important mosques, said the Haji Ismail Haji Habib Musafirkhana building had been certified as a Wakf property by the Director General of the Maharashtra State Board of Wakfs. The complaint said that in 2021, the Wakf Board had filed a suit in the Wakf Tribunal seeking invalidation of the sale deed between SBUT and the Musafirkhana trust. Khatib’s application states that SBUT denies the status, claiming instead that it is a public trust governed by the Bombay Public Trust Act.

Khatib said the mosque has a plaque that shows that the property was consecrated in the Islamic year 1280 as a Musafirkhana for Haj pilgrims, making the property 166 years old. It is alleged that the property was listed as a Wakf trust in the 1944 Gazette and documents suggest that the trustees supported this inclusion. Later properties like Musafirkhana that were registered under the old Musalman Waqf Act, 1923, were registered under the Bombay Public Trust Act and the Charity Commissioner was given jurisdiction over the trusts. After the enactment of the Wakf Act, the Muslim trusts were transferred to the Wakf Board. The facts clearly show that the Trust in question is a Wakf and an attempt by powerful and influential organisations like SBUT to deprive the beneficiaries of its benefits.

SBUT said the matter has been referred to the Supreme Court and on May 17, 2024, the court directed all parties to present their case to the Waqf Board, which will determine whether the building is indeed owned by the Waqf. The decision is to be taken within 12 weeks from the date of the court order.

“The Waqf Board has already commenced hearings and the first session will be held on July 24, 2024. We are confident that the Board will discharge its duties fairly and impartially, in accordance with the guidelines of the Honourable Supreme Court,” the SBUT spokesperson added.