MASJID E BOWLI COMMITTEE Vs. M C H

JUDGEMENT

(1.) Masjid-e-Bowli Committee represented by its Secretary filed this writ petition challenging the validity of the order passed by the 1st respondent on 5-11-1988 in proceedings No. 230/TP 5/87/1830/298 as illegal and without authority and for a declaration that the land admeasuring 972 sq. yards (S) (48) belongs to Masjid, adjacent to Zeba Bagh, Hyderabad and other incidental reliefs.

(2.) It is stated in the affidavit accompanying the writ petition that there is a mosque existing in S. No. 4 Zeba Bagh, Asifnagar, Golconda mandal, Hyderabad. The area of the mosqus is 972 sq. yards. The mosque was in a dilapidated condition. The Secretary of the Mosque Committee approached the Andhra Pradesh Wakf Board for permission to re-construct the mosque. On 2-12-1987, the A.P. Wakf Board granted the permission to re-construct the mosque. Thereafter, an application was made on Dec. 20, 1987 to the 1st respondent under Sec. 428 of The Hyderabad Municipal Corporation Act for re-construction of the mosque. Though the application was first rejected on 27-1-88, the permission was granted on Feb. 1, 1988. Thereafter while the construction of the mosque was in progress, on 5-11-1988, the 1st respondent issued the impugned order directing to stop the construction forthwith, which is assailed in this writ petition.

(3.) On behalf of the 1st respondent, the Chief City Planner (MCH, filed the counter-affidavit. He denied that there was any existing mosque at premises No. 12-2-57/160/1, Zeba Bagh, Asif Nagar, Hyderabad which was in a dilapidated condition on an area of 972 sq. yards. It is stated that there is no mosque on the site where proposed construction was being made. It is stated that the petitioner made an application which was rejected on 27-1-1988 and added that subsequently, permission was granted under the pressure of the Majlis Municipal Councillors, without proper inquiry. It is further stated that the land forms part of the area of Ac. 10-26 guntas was purchased by the Corporation under the registered sale deed dt. 11-1-1972 to rehabilitate the musi flood affected residents. It is stated that on the basis of a G.O., showing that the mosque was existing at the place, plans for construction of the mosque were furnished but it seems that there was some mistake in the notification of the land as a 'mosqus' by the Government in 1984. It is further stated that after the inquiry, proceedings have been initiated under Sec. 450 of the Municipal Corporation Act as the land belongs to the Municipal Corporation and as there is no dilapidated mosque on the site, the impugned notice was issued, in accordance with the rules. It is stated that under Sec. 450 of the Hyderabad Municipal Corporation Act, the Commissioner has got powers to cancel the permission once granted and the reasons for cancelling the permission are valid. Therefore, it is prayed that this writ petition be dismissed.