Encroachment of Wakf land in Mangaluru: BJP leader’s multi-crore complex raises eyebrows

coastaldigest.com news network
December 26, 2017

Amidst uproar over encroachments of the Wakf properties across India, a huge building has illegally come up on a Wakf land worth several crores of rupees in the heart of the city of Mangaluru in coastal Karnataka. Shockingly, the local administration too has helped a politician’s family to construct the illegal building on the land belonging to the historic Kutchi Memon Masjid in the city.

In fact, the illegal construction work on the Wakf land started around three years ago and now a six-story commercial-cum-residential complex has almost reached its completion after illegally crossing several legal hurdles. Reliable sources said that a leader of Bhartiya Janata Party had managed to mislead the officials of Mangaluru Urban Development Authority (MUDA) and Mangaluru City Corporation (MCC) and obtain licence for the constriction with the help of an illegal ‘permission letter’ from a staff of the mosque.

Occupancy tenants

The 2.5 acres land belonging to the mosque and located at Golikatta Bazar in Bundar area of Mangaluru city had been declared as Wakf property in 1968 through a gazette notification. For the past few years, one Keshava Mijar and his family had been living in 69 cents of land of the same 2.5 acres as occupancy tenants (moola geni basis). Around three years ago, Keshava Mijar’s five children including Ravishankar Mijar, vice-president of Dakshina Kannada district unit of BJP, jointly started constructing a complex after demolition the small buildings on the land.

Completely illegal

Any development work or construction of building on a Wakf land without obtaining a no objection certificate (NOC) directly from the Wakf board will be considered illegal. However, a staff of the mosque, apparently violating his jurisdiction, had reportedly given a written permission using the official letterhead of the mosque to the tenants (Mijar siblings) to construct the complex. The tenants had reportedly paid him Rs 12.5 lakh for this favour. 

Even though the permission letter given by the staff of the mosque doesn’t authorise the tenants to construct the building, they went ahead with their multi-crore project. In December 2013, the MUDA provided single site approval to the tenants in violation of the rules or without verifying the documents of the land. In November 2014, the tenants received licence for the construction work from the MCC too. 

MCC serves notices

Even thought the illegal construction process started three years ago the state Wakf board recently woke up following a complaint and directed the local administration to stop the illegal construction work. After realising its blunder, the MCC served notices to Ravishankar Mijar and his siblings.

Rs 100 rent for 69 cents land!

However, the BJP leader and his siblings have claimed that the land legally belongs to them. “We, the five siblings, have obtained single site approval from the MUDA. Hence, we have all the rights to construct the building in this 69 cents land. Besides, we are still paying Rs 100 rent every month to the mosque without fail. There is no meaning in arguing that this is Wakf land,” says Ravishankar Mijar.

Legal action awaited

According to MCC Commissioner Mohammed Nazir, the civic body had granted licence for the construction of the complex based on the single site approval issued by the MUDA in 2013 to Ravishankar Mijar and siblings. “However, now we have received information that the property belongs to the Wakf. Hence we will seek the opinion from the legal advisors before taking further action,” he said.

Dakshina Kannada Deputy Commissioner Sasikanth Senthil said that he had already directed the assistant commissioner to look into the issue. “If there are sufficient documents to prove that it’s a Wakf land then the building will be considered illegal and further action will be taken,” he said. 

Dakshina Kannada Wakf Advisory Committee chief Kanachur Monu holds MCC and MUDA officials responsible for illegal construction. “A tenant cannot become the owner of the Wakf land just by bribing some people. Even if he creates some documents, they are considered illegal documents. The tenants have illegally constructed a building on land worth Rs 30 crore. It is the responsibility of the authorities concerned to clear the encroachment at the earliest and reclaim the Wakf land,” he said.

Comments

Once Mr Anwar Manipadi submiting wakf property list in a TV Debate  howcome he missed this property 

 

May be he was with Pakistani wakf delegates at that time, these days our leadrs are good in attaending birthdays and shaadi and meeting  Paki delegates  and to be honest we dont have to Bribe people get letter  to show honesty  and Naionalist.

 

Abdullah
 - 
Wednesday, 27 Dec 2017

Waqf board is sleeping ....

Mbeary
 - 
Wednesday, 27 Dec 2017

Name the mosque staff 

Lets name and shame him

he has eaten the money of the yatheem

Naren Kotian
 - 
Wednesday, 27 Dec 2017

This might be the case of encroachment of BJP land by mosque. I know mijar family and they are very honest and nationalist people. They don’t want the property of Pakistani supporters. It was BJP which exposed the encroachment of Wakf property by Congress minister. But Sidramullah’s Khan grace govt is fooling muzzis.

Reader
 - 
Wednesday, 27 Dec 2017

This is not just the case of Mangalore. Everywhere in India we can see same situation. Unfortunately this scam is growing across the country. 

Pokar Beary
 - 
Wednesday, 27 Dec 2017

Congress government will not take action because it knows that many of Congress bigwigs are doing the same. Paying Rs 10 monthly rent to the mosques and running giant commercial complexes and earning crores. 

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News Network
November 11,2024

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The Manipur Kuki MLAs have released a statement calling out Solicitor General Tushar Mehta's 'lies' in the Supreme Court. In a joint statement, the MLAs, including those from the Bharatiya Janata Party, said they had not had any meeting with the Chief Minister since May 3, 2023, nor did they intend to meet him in the future as “he was the mastermind behind the violence”.

As per the MLAs, the SG lied about state CM N Biren Singh speaking to Kuki MLAs to control the situation there, in order to halt a Supreme Court probe into the leaked tapes which allege that Singh has been complicit in the violence that broke out between Kukis and Meitis there.

"We...clarify that we have never had any meeting with Chief Minister, Shri N. Biren Singh since May 3, 2023, nor have any intention to meet him in future as he is the mastermind behind the violence and ethnic cleansing of our people from the Imphal valley, which is continuing till today, the latest being the brutal killing and burning of Mrs Zosangkim Hmar on November 7, 2024," the letter read, while condemning the recent 'barbaric' killing of the woman there, and noting the SG's assertion is 'tantamount' to misleading the top court.

“We, the undersigned ten MLAs, have come to know that during the Supreme Court hearing held on November 8, 2024, the Solicitor General of India submitted that ‘CM is meeting all Kuki MLAs and trying to bring the situation down to get peace’. In this connection, we hereby categorically state that this submission is a blatant lie and tantamount to misleading the Hon’ble Supreme Court of India,” the statement said.

The Supreme Court, while hearing a petition by a Kuki organisation, asked that it submit audio tapes to substantiate its claim that the Chief Minister was instrumental in inciting and organising violence in the northeastern State.

Solicitor-General Tushar Mehta orally informed the court that the Chief Minister was meeting all the Kuki-Zo MLAs and that peace in the State had come at a huge cost.

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News Network
November 11,2024

Udupi, Nov 11: A traveller reportedly lost ₹4.1 lakh after attempting to book a cab online in Udupi. 

At around 1:30 PM on November 7, the man from West Bengal searched for car rentals on Google and selected a website named "Shakti Car Rentals." Shortly after, he was contacted by someone claiming to be "Rohit Sharma," who directed him to pay a registration fee of ₹150 on the site.

After unsuccessful payment attempts via both his Canara Bank debit card and SBI credit card (without receiving an OTP), "Rohit Sharma" instructed him to pay the driver directly. But at 1:47 PM, he received messages showing deductions of ₹3.3 lakh from his SBI credit card and ₹80,056 from his Canara Bank debit card, totaling ₹4.1 lakh.

The complainant alleges fraud through a deceptive link disguised as a booking token fee. A case has been registered at Udupi Town Police Station.

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News Network
November 13,2024

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New Delhi: The Supreme Court took a firm stance on ‘bulldozer justice’ today, affirming that the Executive cannot bypass the Judiciary and that the legal process must not prejudge the guilt of an accused. In a significant judgment, the bench led by Justices BR Gavai and KV Viswanathan set new guidelines for demolition practices, responding to petitions challenging the controversial bulldozer actions taken against individuals accused of crimes.

The rise of this practice, termed 'bulldozer justice,' has seen authorities in various states demolish what they claim to be illegal structures belonging to accused individuals. However, multiple petitions questioned the legality and fairness of this approach, bringing the matter before the court.

Justice Gavai highlighted that owning a home is a cherished goal for many families, and an essential question was whether the Executive should have the authority to strip individuals of their shelter. “In a democracy, the rule of law protects citizens from arbitrary actions by the state. The criminal justice system must not assume guilt,” stated the bench, underscoring that due process is a fundamental right under the Constitution.

On the principle of separation of powers, the bench reinforced that the Judiciary alone holds adjudicatory powers and that the Executive cannot overstep these boundaries. Justice Gavai remarked, “When the state demolishes a home purely because its resident is accused of a crime, it violates the doctrine of separation of powers.”

The court issued a strong warning about accountability, stating that public officials who misuse their power or act arbitrarily must face consequences. Justice Gavai observed that selectively demolishing one property while ignoring similar cases suggests that the aim might be to penalize rather than enforce legality. “For most citizens, a house is the product of years of labor and dreams. Taking it away must be an action of last resort, thoroughly justified,” he said.

In its directives under Article 142 of the Constitution, the Supreme Court established new demolition guidelines. These include:

Mandatory Show-Cause Notice: No demolition should occur without first issuing a show-cause notice. The person served has a minimum of 15 days or the duration stated in local laws to respond.

Transparency of Notice Content: The notice must include specifics about the alleged unauthorized construction, the nature of the violation, and the rationale for demolition.

Hearing and Final Order: Authorities are required to hear the response of the affected individual before issuing a final order. The homeowner will have 15 days to address the issue, with demolition proceeding only if no stay order is obtained from an appellate authority.

Contempt Proceedings: Any breach of these guidelines would lead to contempt proceedings. Officials who disregard these norms will be personally accountable for restitution, with costs deducted from their salaries.

Additionally, the court mandated that all municipal bodies establish digital portals within three months, displaying show-cause notices and final orders on unauthorized structures to ensure public transparency and accountability.

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