MIR SHAFIUDDIII Vs. A P WAKF BOARD

JUDGEMENT

(1.) The petitioner is the hereditary trustee and mutavalli of 'Shah Zahoor Takia Mosque' situated at Patamita in Vijayawada. He is assailing the legality of the proposal to construct a ten storeyed commercial complex and also to constitute three members as life members for the management of the Wakf, including the proposer Syed Ahmed Ali, who is Chairman of the Board of the Wakf.

(2.) The contention of the petitioner is that the wakf was created for the purpose of feeding the poor and the poligrims, that if commercial complex is constructed it would defeat the purpose of the wakf and that, therefore, it is ultra vires of the power. I find no force in the contention. The very object of constructing a ten storeye commercial complex is to augment the revenue of the wakf and it would be beneficial to further the purposes envisaged under the scheme. Under these circumstances, I cannot accept the contention raised by the petitioner.

(3.) It is the next contended that the purpose of creating life membership to the nominated members under the scheme framed earlier and approved by this court, under clause 5 thereof, is obnoxious to the object of the wakf and in excess of the power under Section 15 of the Wakf Act, 1954 (Act 29 of 1954) as amended (for short 'the Act'). I find force in the contention. Sri Syed Sadatullah Hussaini, learned counsel for the Wakf Board seeks to contend that the purpose of creating life membership is to develop the wakf and construct a ten storeyed commercial complex costing about Rs. 76 lakhs. It is at different stages the approval of the State Wakf Board and the Central Wakf Board Council has to be obtained. Already two years out of five years term of the office of the members of the wakf had elapsed. If the term of office of the members is modified, there will be change in the constitution of the committee. Consequently it impedes the termination of the wakf. Therefore, it is proposed to constitute life membership oa the Chairman and the two members and the same is not ultra vires of the powers.