CHIEF PROJECT MANAGER Vs. FIROZ SAHEB DARGAH

JUDGEMENT

(1.) By way of this revision application, the applicant - original defendant No.1 in the Waqf Suit No.10 of 2018, challenged the order passed below Exhibit - 6, dtd. 16/9/2021, by the Gujarat State Waqf Tribunal (for short 'the Tribunal'), whereby application Exhibit-6 filed by respondent No.1 herein praying for restraining applicant, their servants, agents, Engineers etc., from damaging the suit property as also not to interfere with the entry of the Trustees, Administrators, persons or the Devotees of a particular community, which came to be allowed as also at the same time, 'the Tribunal' directed the applicant to first obtain permission under Sec. 91 of the Waqf Act, 1995 (for short 'the Act') from the Waqf Board, and proceed for acquisition of a land, and thereafter carry out the further action over it.

(2.) The brief facts of the case, as obtained from the plaint filed by one Shaikh Onali Ismailji (Visawadarwala) as a Trustee of "Piroj Saheb ni Dargah", ("Piroj" is corrected to be "Firoz" without any initial in the Waqf suit) against the applicant, the Collector, Chief Town Planner, Town Planner, Commissioner of Ahmedabad Municipal Corporation as also Gujarat State Waqf Board, purportedly filed under Sec. 83(1) of 'the Act' and under the provisions of Waqf Property Lease Rules, 2014, are as under:

(3.) Heard Mr. K.M. Parikh, learned advocate for the applicant. According to his submission, the 3 rd broad gauge railway line is being laid in a railway property itself, without disturbing the Dargah situated in the railway property. It is further submitted that even for the persons, who offer a prayer at Dargah, an access is provided while laying down the railway track. He has further submitted that as such, in the railway property, there cannot be any ownership of any other person other than the railway authorities. He has further submitted that it being religious place, in between the railway lines, which is not disturbed that doesn't mean that it is not an encroachment over the railway land. However, a due care is taken, as submitted by him, to see that laying down a railway track may not hinder the ingress and egress to the Dargah for offering the prayers, and therefore, an access is also provided for.