Trust approaches waqf board, files objection to the change report of Chota Qabrastan Trust

AURANGABAD: An 18th century trust Mumbai-based, Anjuman-I-Islam, through its general secretary has reached out to the state waqf board and filed an objection to change report of

Chota Kabrastan Trust

located at Chota Sonapur, Mumbai which was sanctioned by the religious body in mid-2015. The trust has also threatened to file contempt of court orders, if the issue is not resolved legally at the earliest.

Anjuman-I-Islam trust, was founded in 1874 by Dr

Badruddin Tyabji

, the first acting chief justice of Bombay high court. It is the sole trustee of 17 trusts including the

Chota Kabrastan

Trust, which currently possesses prime property size 17,833 square yards, which has a market valuation of over Rs 1,000 crores in Mumbai. Anjuman took over the Chota Kabrastan Trust in the year 1957 and has been managing its affairs ever since.

According to a source in waqf, "The said property is said to be the bone of contention, leading to the current legal battle, which started after the waqf's decision to allow change report."

A senior waqf officer, when contacted, said, "After Anjuman-I-Islam discovered that some crucial facts were suppressed while applying for the formation of the adhoc committee for the waqf institution of Muslim Chota Kabrastan located at Chota Sonapur, Mumbai, the waqf sent a show cause notice asking as to why their decision dated April 21, 2015 should not be cancelled."

Anjuman-I-Islam in its objection filed before the chief executive officer of the state waqf board, Aurangabad has stated that the people who have managed to obtain the change report for the Chota Kabrastan Trust, have suppressed facts regarding a scheme framed by the high court of judicature of Bombay, by its order dated January 13, 1912 for the control and management of the said trust.

The trust has stated that the application filed by the members of Jamia Quadriya Ashrafiya, another trust, was entertained by the waqf CEO on the assumption that there is no scheme for the management of Chota Kabrastan Trust and the board has ignored the record of the said trust.

Anjuman's spokesperson and officer on special duty

Shagaf

Nakid, told TOI, "Any Application for sanctioning of the scheme for the management of any trust/waqf can be entertained only when the board is satisfied that there is no scheme in existence for the management of the trust/waqf. However, in the present case there is no such finding but still the waqf went ahead and sanctioned the change report."

Shagaf also raised question over the hurry in which the waqf sanctioned the change report for which the application was made on March 4, 2015. The change report was sanctioned on March 12, 2015.

He said that by filing the scheme, they are trying to change the objects of the Chota Kabrastan Trust, whereas the objects of the said trust have already been settled by high court of judicature of Bombay in its order dated January 13, 1912, while framing the scheme of the said trust.

The Anjuman-I-Islam's management has stated that the people by filing the Scheme in question are trying to become trustees on record of Chota Kabrastan trust, whereas Anjuman-I-Islam was the sole trustee of the said trust and is managing its affairs since 1957. The record of the said trust filed with the office of the Charity Commissioner clearly shows that the petitioner is in control of the said trust.