REVENUE DIVISIONAL OFFICER, NALGONDA Vs. A.P. STATE WAKF BOARD, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, HYDERABAD

JUDGEMENT

(1.) This writ petition is filed challenging the order dated 06.06.2012 passed by the A.P. Wakf Tribunal, Hyderabad (for short 'the Tribunal') in I.A. No. 376 of 2011 in O.S. No. 80 of 2011. The facts that gave rise to filing of the writ petition are as under:

(2.) The Central Government has taken up the work of widening National Highway No. 9, between Vijayawada and Hyderabad, to a four lane road. The highway passes through Kattangur Village of Nalgonda District. There exists a mosque, by name Masjid-e-Mahammadia, and appurtenant land in that village, abutting the highway.

(3.) A notification under Section 3-A of the National Highways Act 1956 (for short 'the Act') was published on 01.06.2010 in the gazette and on 26.10.2010 in the newspapers, proposing to acquire various properties on both sides of road including the structures. An extent of 61 square yards of land belonging to the mosque was notified, since it came under alignment of the road. The petitioner herein was named as the competent authority. After the formalities provided for under Sections 3-B and C of the Act were complied with, a declaration under Section 3-D of the Act was published on 19.10.2010. The award in respect of the property of the Masjid was passed on 07.05.2011 in favour of the Chief Executive Officer of the Wakf Board, the 1st respondent, since the Masjid is under its control and administration and a sum of Rs. 7,39,484/- was awarded. Demand draft covering that amount was forwarded to the 1st respondent on 07.11.2011. However, the 1st respondent returned the D.D., through covering letter dated 27.08.2011 stating that no notice, as contemplated under Section 97 of the Wakf Act, was issued, and the procedure prescribed under Section 9(3) (10) of the Land Acquisition Act was not followed. He further stated that the demolition/removal of the Masjid would be illegal and unlawful. A request was made to avoid the acquisition.