GULAMMOHAMMED ABDULMAJEED ANSARI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This is a Public Interest Litigation brought before this Court by the petitioner who describes himself as President of Taraqqui Urdu Laghumati Education Trust. Directions have been sought in public interest to the authorities of the State of Gujarat and the Collector, Ahmedabad city to mobilise the Government Machinery or Police Force to remove the encroachers from the Chartoda Kabristan in Sheharkotda Jurisdiction (Gomtipur) within the city limits of Ahmedabad.

(2.) In the petition it has been stated that several hundreds Muslims have illegaly/forcibly encroached in the land of the graveyard. They are not only living there with their structures and hutments but also engaged in several illegal activities. It is submitted that the encroachment on the land in the grave yard is everyday increasing and a day might reach when place for burial of dead Muslim will fall short in the graveyard. It is submitted that infact Ahmedabad Sunni Waqf Community (represented by its present respondent no.3) is expected to take necessary action for removal of the encroachments. It is because of their apathy and inaction that the Muslims in general, who find it difficult to carry the dead to the graveyard for burial, have approached this Court for taking remedial measures.

(3.) On notice being issued on this Public Interest Litigation to the respondents, the respondent no.3, who is the President of Sunni Muslim Waqf Community has filed a reply affidavit. In the said reply it has been stated that in order to accommodate the alleged encroachers living within the Kabristan area, the Trust Committee has acquired an alternative site of about 7967 sq.yards at Narol, Taluka Dascroi at Village Vatva popularly known as Kutbe Alamnagar. On behalf of the Waqf Committee, it is informed that about 85 families have shifted to the alternative site provided by the Trust. About 100 other families have filed individual suits in the Small Causes Court at Ahmedabad and injunctions have been granted but in about 50 suits injunction has been vacated/not granted.