The Maharashtra State Board of Wakf is investigating whether a plot in Bhendi Bazaar, Mumbai, sold to the Saifee Burhani Upliftment Trust (SBUT) is legally Wakf property. This follows a Supreme Court order from May 17, requiring the Board to determine the plot's status within 12 weeks. The property, over 150 years old and originally owned by the Haji Ismail Haji Habib Musafirkhana Trust, was sold to SBUT in 2016 for redevelopment. While SBUT argues the plot is not Wakf land, tenants and interveners claim it is, citing a functioning mosque on-site. The Supreme Court's directive to maintain "status quo" has halted redevelopment work. The investigation, ongoing since July 24, 2024, aims to resolve this dispute and determine the plot's future amid SBUT's broader redevelopment efforts in Bhendi Bazaar.
The Maharashtra State Board of Wakf is currently investigating whether a plot in Bhendi Bazaar, Mumbai, sold to the Saifee Burhani Upliftment Trust (SBUT), is legally a Wakf property. This investigation is in response to a Supreme Court order issued on 17 May, which requires the Wakf Board to determine the plot's status within 12 weeks.
The property in question, originally owned by the Haji Ismail Haji Habib Musafirkhana Trust, is over 150 years old. It includes a ground-plus-one-storey building, which was sold to SBUT in 2016. SBUT, which launched its redevelopment project in Bhendi Bazaar in 2009, aims to provide cleaner and more organised living spaces for residents.
SBUT has claimed that since the project's inception, none of the tenants mentioned that the property was Wakf land. However, the Haji Ismail Haji Habib Musafirkhana Shop Tenants Forum, along with some interveners, argue that the property is indeed Wakf land. The tenants assert that the building houses a functioning mosque, while the trustees who sold the property insist that it is a musafirkhana (a rest house for travellers) with a prayer room.
The ongoing legal disputes have complicated the situation further. As per the Supreme Court's order, the "status quo" must be maintained, meaning that no repairs or redevelopment of the dilapidated structure can take place. This directive has stalled any work on the property, which now stands amidst the high-rise buildings SBUT is constructing as part of its broader redevelopment efforts.
SBUT maintains that its work is in line with the vision of the former spiritual leader of the Dawoodi Bohras, the late Syedna Mohammed Burhanuddin, who envisioned a cleaner and less congested environment for Bhendi Bazaar residents. However, some tenants and their supporters have raised concerns about the sale of what they believe is a Wakf property. According to the Wakf Act of 1995, no property registered with the Wakf Board can be sold. Fazal Mehmood, a tenant, expressed his frustration, saying, "Once a property is Wakf, it remains Wakf."
On the other side, Shoeb Noorani, a trustee involved in the sale, defended the decision to sell the property to SBUT. He explained that the trust had faced significant challenges in redeveloping the property due to threats from anti-social elements. Stating he had no other option, Noorani pointed out that
the sale agreement specified that the prayer room would remain under the trust's ownership and could be redeveloped, but "vested interests" were hindering this effort.
The Wakf Board has already begun its investigation, with the first hearing held on 24 July 2024. SBUT has expressed confidence that the Board will conduct the inquiry fairly, as directed by the Supreme Court. Juned Syed, CEO of the Wakf Board, confirmed that two hearings have taken place, and the findings will soon be presented to the Wakf Board for a final decision. This situation has attracted the attention of various community leaders.
The dispute over the Bhendi Bazaar plot highlights the complex intersection of legal, religious, and community interests. For real estate brokers in Mumbai, this case serves as a reminder of the challenges that can arise when dealing with properties with significant historical and religious value. It's crucial to navigate such situations with sensitivity and a deep understanding of the legal frameworks involved.
As the Wakf Board continues its inquiry, the outcome will be closely watched by all parties involved. The hope is that a fair and just resolution can be reached, allowing the redevelopment project to proceed while respecting the religious and historical significance of the site. For the residents of Bhendi Bazaar, the goal remains a better, safer living environment, in line with the vision that SBUT and the late Syedna Mohammed Burhanuddin set out to achieve.
Inputs from ET Realty
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