CONCEPT

The Goverment of India had formed Waqf Board to protect Waqf properties .

Our forefathers formed Waqf so that the income of these properties could be used for religious works, helping destitute, widows and divorcee women, meeting education expenses of poor children and medical expenses of the poor sick people.The waqif (those who formed Waqf) had wishes that major portion of the income from Waqf properties should be spent in ‘Azadari’ of Imam Husain (A.S.), grandson of Prophet ‘Mohammad’ (saws.)

In Uttar Pradesh alone eight thousand Waqf properties are registered as Shia Waqfs. The land of these Waqfs should be in lakhs of acres. In big cities of the state main commercial points are situated on Shia Waqf properties. In main areas of Lucknow like Hazratganj, Narhi, Aminabad, Nazirabad, Chowk & Victoria Street Waqf properties have either been vanished or usurped by influential people. Likewise in mall road Kanpur and Begum Pul Meerut etc.& many other places across India

Politicians, Police, bureaucrats, land Mafias have occupied Waqf properties in State. They could do so because Govt. machinery and corrupt Board’s officials helped them. Property documents reach their (usurpers) hands and Board has no evidence or paper to take action against them. The members of the Board owe allegiance to their masters in the Govt. who appoint them. We cannot expect them to do any good work .

According to committees formed by Central Government Sachchar Committee and other social organizations, Waqf properties in the country encompasses 60 Lakh acres, third after Railways and defence.

Railways and Defence are using and protecting their land properly while Waqf Board is squandering their land through mismanagement. The intellectuals in minority Community including Central minister of minority affairs Mr. Rehman Khan are of the opinion that if Waqf lands are property managed then the picture of Muslims could be changed. Then Muslims need not look at corrupt officials and donation seeking committees for education, health and other charitable works and could progress on their own.

The Waqf properties could be saved if Waqf Board, its employees Minority Welfare Deptt. Govt. Officials and Govt. work in tandem with honesty and Transparency. But this is  wishful thinking.

That is why it was decided to form an association (N.G.O.) with honest people having knowledge of Waqf affairs to protect and develop Waqf properties, enlighten people and pursue Waqf cases by providing correct information’s to govt. and its machinery.& this website was created  . It is not claimed that through these efforts, Waqf properties would be saved from encroachment, but this is only a beginning, the first of its kind in the country which would help in the long Waqf saving battle.

The aim and objective of NGO is the protection and security of the Waqf properties and proper utilization of the Waqf income according to the ‘will’ of its founder and also managed as per will. The NGO will work in the direction that Waqf income is reached to the deserving persons. The NGO will also work in direction to benefit of Govt. Schemes for the minority welfare are reached to the needy persons. A list of the deserving people will be made through a survey.

The NGO would like to associate persons who have knowledge of Waqf and a desire to work for the welfare of the community. The NGO will be registered as a ‘society’ or ‘Trust’ within three months of its inception. In each district a unit will be formed comprising of Imam-e-Juma, Lawyers, reputed persons of the Distt. The NGO will not work against any particular persons or institution but only work for the welfare of Waqf properties and that too on the basis of facts. 

The body would work in following fields;-

1)       Save Waqf records and save shia Waqf;-

In Waqf Board office most of the documents have vanished. These could be found at the residence of former Board officials, employees, ex-member of Board or land mafia. In Board office register of section-37, is definitely available which shows the details of Waqf properties. In legal cases, besides the copies of section-37, we also need other documents like revenue records, Will or Waqf deed, survey reports Govt. Gazette etc. which the Board never provides our aims is to secure these records and save these in computer via Right to information and other legal means from Waqf Board, Waqf Commissioner office, Gov. Gazette Office, Revenue Deptt., D.M. Office, Municipal Office, A.S.I. and Archives. This is a stupendous task and would be our main weapon in Waqf saving battle. 

To get Waqf documents we can approach old Waqf lawyers, persons who have knowledge about Waqf and other related persons and request them to provide Waqf deeds or documents. We can also appeal publicly that if any person have Waqf deed or document, be kind enough to provide them so that we could save these documents in our computer. Our aim is to save as much documents as possible in our computer so that they could be used when need arise. This effort will start from Lucknow. Later other cities will be taken up.

Why record saving is a must.

i)             Through illegal gratification Waqf mafia effect changes, cutting even theft of Board documents. In such cases our computer records will be of great help.

ii)            The records in District Headquarters of cities are very old. The 1862 first and last bandobust document of city is in bad shape most of its content is missing. Nobody is there to inspect it more trouble lies ahead.

The body wants to prepare a database by comparing all documents made available by our patrons so that all relevant documents are available on one click.  

2)       To secure Waqf register No.37 and save its translation in computer:-

The register details of Board in Urdu are effective when their translation is presented in the court. The urdu copy and its English/Hindi Translation Board would be kept in safe custody of NGO and will be made available when need arises. On the basis of these documents and documents made available by other sources, information about every Waqf will be uploaded on NGO’s website in English so that the community could know where and in which condition lies the property of our community.

3)       To get Registered properties in Revenue records according to Waqf records:-

One reason for the destruction of our properties is that they are registered in Waqf Board but not in govt. records. The NGO will work in this direction and based on facts will have correspondence with the Board, Govt. offices and concerned mutawalli. In this connection several orders of Hon’ble Supreme Court, Hon’ble High Court and Revenue Boards are available. Correspondence could be done with the reference of these orders and if need arises, court’s help will be sought we will have to work to save our remaining properties.

4)       Survey of properties:

In the survey conducted by Govt. in 1989 enough Shia Waqf properties were left out. The NGO will conduct its own survey on the following lines.

i)             Comparison with the Govt. Survey

ii)            Active Waqf – existing & providing funds.

iii)          Dead Waqf – only on paper.

iv)          Income of individual Waqf

v)           Property of individual Waqf

vi)          illegal occupant

vii)         Waqf not registered in Waqf Board

viii)       Waqf not found in survey report.

ix)          Correction of Waqfs registered both in Shia and Sunni Waqf Basis.

This work can start in each location & will be available on our website.

5)       Fight to free properties from unauthorized occupant: as follows;

i)             Correspondence: The NGO on will do correspondence with Waqf Board, Minority Deptt. & Govt./Administration and highlight the facts, to save and develop the properties.

ii)            Judicial:- (a) N.G.O. can help the mutawalli with its available records, (b) The N.G.O. itself fight the case (c) The N.G.O can resort to PIL. (d) The N.G.O will collect facts about Waqf & concerning officers who are not interested in their duties and complaint against them with higher officials, Govt. and the court. (e) The N.G.O. will fight in the court about disputed properties and arrange lawyers and documents in this regard.

iii)          Democrative way means:Naming /Shaming- The N.G.O. will present the facts about the embezzlement or wastage of Waqf property before Imam-e-Juma and other Ulema so that they could present the fats before the community in their sermons and majlis and start a campaign at their level to save Waqf properties. The body will also publicize these means in electronic and print media and help the campaigners at every level.

6)       Development of Waqf properties:- The NGO will work as a bridge between the mutawalli, tenants, Waqf Board and the govt. for the develop of undisputed Waqf properties. For this purpose advice and help of Imam-e-Juma will be sought. The NGO will help in choosing Shia builders and keep an eye that income of Waqf is properly utilized.

7)       Immunities Bonds and Fixed Deposits in Banks;- The Nawabs of Lucknow while creating Waqf deposited money with the British Govt. for the maintenance of these Waqfs. The money is still in the safe custody of the reserve Bank of India. The Waqf Board has not made any move to secure this money and FD’s. The NGO will engage professionals in direction.

8)       Demand to raise annuity:- The Govt. had acquired land (Waqf) under Zamindari Abolition Act and other laws for which Govt pays some small money as annuity annually to the Board. The amount of this annuity has not increased in the past 50 years. If this annuity is fixed according to present circle rate, it would be very high & enough to meet expenses of the Board.

9)       Survey of 'Govt. acquired' Waqf properties: The NGO will do survey of Waqf properties which was lost under any act of Govt. of India like Zamindari Abolition Act, Enemy property Act, Evacuee property Act, Indian Trust Act and the Ancient Monuments & Archeological site and Remain Act etc. The NGO will work in the direction to get back the Waqf properties to the Waqf Board.

10)    To make aware and educate people:- The NGO will make the community aware of the wastage of Waqf properties and educate interested people as to how they should correspond with the Boards, Govt./ Administration and how to fight legal battle. In this connection order of the Govt. and courts would be available on NGO’s website. Information about concern office and drafted letters for a particular problem would be available on website. The NGO will provide free advice, documents and lawyers services to the concerned persons of the community.

11)    Husainabad & Allied Trust:- The NGO will work for Husainabad & allied Trust in the following field:- (i) Trust Management, (ii) Security and development of the trust property Waqfs.

12)    Waqf (Trust) :- Managed by Minority Deptt. U.P. Govt.;- (a) Shahi Shifa Khana (i) Property destroyed, (ii) No work was done for the hospital founded by king Naseeruddin-Haider. (b) Shahi Khairat Khana (i) Wasiqa, (ii) Immunity Bonds etc. (C) Kala Imambara & other Charitable Institutions.