States » West » BYEPosted at: Oct 6 2026 3:53PM


Maharashtra Waqf Tribunal declines stay on Khilafat House construction work; next hearing on October 9

Mumbai, Oct 6 (UNI) The Maharashtra Waqf Tribunal has declined to immediately halt the construction and renovation work underway at the historic Khilafat House in Mumbai and adjourned the petition concerning the work for four days. The matter will next be heard on October 9 2026.
The petition was heard by Maharashtra Waqf Tribunal Judge Y M H Kharadi and members Anant Gavhane and Mohammed Mohiuddin Moied.
Appearing for Khilafat House, advocate Ghulam Dastagir Shaikh argued that the petition had been filed merely to obtain financial benefits and waste the court's time and, therefore, should not be entertained. Responding to the petitioner's arguments with references to Supreme Court and other court judgments, he maintained that the premises would be used solely for educational purposes and that the ongoing work was being undertaken for an educational institution.
Shaikh further submitted that the land actually belongs to the government and has been leased to Khilafat House. He argued that the petitioner had no legal authority to seek a halt to the ongoing construction. He also maintained that no hotel or commercial activity would be conducted there and that the construction for educational purposes would benefit the public and a large section of the Muslim community. He urged the tribunal to reject the petition, saying it was obstructing development work.
Advocate Ani D Nimbalkar, appearing for petitioner and Mumbai social activist Shahid Mansoori, argued that the Khilafat House plot was Waqf property and that no work could be carried out there without permission from the Waqf authorities. She submitted that no such permission had been obtained and, therefore, the ongoing construction activity was illegal.
In support of the claim, Nimbalkar produced a list of Waqf properties and maintained that the Khilafat House plot was included in it. She sought an immediate stay on the construction work.
The tribunal, however, declined to grant an immediate stay and said the government should be made a party so that its position in the dispute could also be ascertained. After hearing arguments from both sides, the tribunal fixed the next hearing for October 9 2026.
Construction and renovation work is currently underway in the Khilafat College building adjoining Khilafat House. Due to the work, classes for female students enrolled at the college are temporarily being conducted at the nearby Imamwada Municipal School.
The dispute had earlier intensified after the Maharashtra State Board of Waqf issued a notice concerning the Khilafat House plot, stating that it was Waqf property and that permission was therefore required for any construction on it. The Khilafat House management objected to the notice, maintaining that the property belongs to the state government and that the Waqf Board has no connection with it.
Khilafat House trustee and chairman Sarfaraz Arzu subsequently filed an affidavit in the matter. The affidavit stated that the All India Khilafat Committee had sought withdrawal of a notice issued by the Maharashtra State Board of Waqf seeking accounts and related information under the Waqf Act 1995, describing the notice as illegal and beyond the Board's jurisdiction. Through its chairman Sarfaraz Arzu, the committee challenged the notice dated September 16 2026 in its response to the District Waqf Officer.
The committee maintained that the notice issued under Section 61 of the Waqf Act did not apply to it because it was registered with the Charity Commissioner as a public trust under English Common Law. It cited the Supreme Court's 2022 judgment in Maharashtra State Board of Waqf versus Yusufbhai Chawla and Others and argued that creation of a valid Waqf requires ownership rights in the property to satisfy the applicable legal requirements.
The committee also relied upon the Bombay City Civil Court judgment and order dated May 16 1964 in Civil Suit 1965 of 1958. According to the committee, a scheme for administering the public trust was framed under that order while ownership of the concerned properties remained vested in the trustees. On this basis, it contended that the trust could not be treated as a Waqf.
Regarding the committee's property in the Lower Mazgaon area, bearing City Survey 393 and measuring 1408.31 square metres, the committee maintained that the land belongs to the government. It said the Governor of Maharashtra, through the Mumbai Collector, granted the land to the trust through a lease deed dated May 4 2023. According to the committee, the old building was demolished and construction of a new building was undertaken after obtaining the necessary permission.
The committee has also challenged the inclusion of its name in the Waqf list dated November 13 2003. It contended that the entry was based on an alleged survey report even though the Survey Commissioner appointed under the notification dated December 1 1997 had neither issued notice to the trustees nor conducted an inquiry under Section 4 of the Waqf Act. Citing the exemption provision under Section 2, the committee maintained that the Waqf law did not apply to its trust and properties.
It has further challenged its alleged registration under Section 43 of the Waqf Act bearing registration MSBW MUM 597 2025, describing it as illegal. The committee alleged that the registration was carried out without proper notice or an opportunity for hearing.
According to the committee, the present notice was issued following a complaint by persons whom it has accused of attempting to encroach upon the property and of blackmailing the committee. It also claimed that it was not provided with a copy of the complaint.
The All India Khilafat Committee had warned that it would approach the competent court if the notice was not withdrawn. The committee said it has been running a teacher training college affiliated with the University of Mumbai since 1989 and also operates an Urdu medium D Ed course affiliated with SCERT Pune. The BMC has also provided premises to the committee for running a school at Imamwada.
The committee also organises an annual procession through Muslim localities in Mumbai on the occasion of Eid Milad un Nabi. According to the committee, prominent leaders including Mahatma Gandhi, Sharad Pawar, Mulayam Singh Yadav, Rajiv Gandhi, A R Antulay, Ashok Chavan and Giani Zail Singh have led the procession in the past. The procession is now led by prominent Islamic scholars, while political leaders are invited as chief guests on different occasions.
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Maharashtra Waqf Tribunal declines stay on Khilafat House construction work; next hearing on October 9

06 Oct 2026 | 3:53 PM

Mumbai, Oct 6 (UNI) The Maharashtra Waqf Tribunal has declined to immediately halt the construction and renovation work underway at the historic Khilafat House in Mumbai and adjourned the petition concerning the work for four days. The matter will next be heard on October 9 2026.

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