Land donated for Masjid allotted for commercial
Excelsior Correspondent
JAMMU, Oct 4: In a petition highlighting that a Waqf property donated by the donor for Masjid purpose has illegally been allotted for commercial purposes, High Court has directed Administrator, Auqaf Islamia, R S Pura and Executive Officer, J&K Waqf Board to remain personally present on the next date of hearing along with the record of the case.
After hearing Advocate Adnan Malik for the petitioner Sajad Majeed, Justice Javed Iqbal Wani observed, “the issue that emerges for consideration for this court is as to whether a Waqf property donated for a particular purpose i.e. for a Mosque in the instant case can be used and utilized for a purpose not recognized and provided under the Jammu and Kashmir Wakaf Act, 2001”.
“Before proceeding to deal with the issue, it becomes imperative to find out as to whether the amount of premium received by the respondents as also the ground rent from the respondent qua the Waqf property is being used and utilized by the respondents for the purposes provided under the Jammu and Kashmir Wakaf Act, 2001 being for the poor or any other purpose recognized by the Muslim law as a religious, pious or charitable purposes of a permanent character”, High Court said.
“The counsel for the respondents in this regard, thus, is directed to produce the relevant record pertaining to the incomes and the expenditure qua the Waqf property in question”, High Court said and directed the Administrator, Auqaf Islamia, R S Pura and Executive Officer, J&K Waqf Board to remain personally present along with the record of the case on October 10, 2023.
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