Excelsior Correspondent
JAMMU, Oct 16: High Court today ordered status quo on the land, which was donated for the construction of mosque but was allotted to some persons for the commercial use in village Bansultan of R S Pura tehsil.
The order was passed in a petition filed by Sajad Majeed challenging the order of State Wakf Council whereby three kanals and five marlas of land situated at village Bansultan was allotted for commercial use despite the fact that land was donated by one Mohd Iqbal in the year 1947 for religious purposes for setting up of a mosque.
After hearing Advocate Rahul Bharti for the petitioner, Justice Dhiraj Singh Thakur observed, “dispute in the petition pertains to a plot of land measuring three kanals and five marlas falling under Khasra No.162 min situated at village Bansultan”, adding “it is asserted that the State Wakf Council by ignoring the purposes for which the dedication was made, has decided to lease the land to Mohd Mirza, son of Faiz Mohd of Agra Chak, who is proposing to raise a commercial structure on the same”.
“It is stated that by running of a commercial structure and benefiting economically therefrom was never the purpose for which the dedication was made by Mohd Iqbal”, Justice Thakur said, adding “the counsel for the petitioner has stated that the decision to lease out the land in question is even contrary to the provisions of the J&K State Wakf Act, 2001”.
With these observations, Justice Thakur issued notice to the respondents Secretary, Revenue, Haj and Auqaf Department, State Wakf Council, Member Secretary Wakf Council, Administrator Auqaf Islamia, R S Pura and Mohd Mirza, returnable within four weeks.
In the meanwhile, High Court directed that status quo with regard to the land in question be maintained and no construction activity shall be carried thereon.
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