EDITORIAL - What a shame! $ 2 billion home constructed on ‘Orphanage’ property

While the Adarsh Apartment land scam and Maharashtra CM Ashok Chavan’s involvement has gained wide coverage, the ‘Wakf’ land scam is one of the biggest land scams in India’s history. What a shame! The land that was pledged in the name of God to be used for the opening of charitable hospitals, schools, colleges or the earnings to go to upkeep of orphans, widows, destitute and scholarship to poor students, Mukesh Ambani has deprived the needy for his personal luxury. He has constructed a $ 2 billion 27-storied skyscraper residential project on a ‘Wakf’ property.

‘Wakf’ can be described as a religious endowment made in the name of Allah for the benefit of the poor and needy in the Muslim community. There are approximately 3,00,000 registered ‘Wakf’ properties in India on about four lakh acres of land. It is a national resource that should have been developed for the welfare of the community but according to Maharashtra ‘Wakf’ minister, the government has encroached nearly 65% of ‘Wakf’ properties in Maharashtra. When any Muslim permanently dedicates his movable or immovable property in the name of Allah for pious, charitable or religious purpose such dedication is called ‘Wakf’ and such property is called ‘Wakf’ Property. The definition of ‘Wakf’ includes “Wakf' by user” (Masjid, Dargah, Kabrastan etc.). In general all the Masjid, Dargahs, Kabrastans, Ashoorkhanas, Idgahs, Khankhas, Chillas, Imambadas, etc. which are used by general public (Muslims) are invariably included under the definition of ‘Wakf’ Institution. The Masjid, Dargah, Kabrastan which have been traditionally under use from a time immemorial is covered under the definition of “Wakf by user”. ‘Wakf’ also include charitable institutes like Madarsa, Hospitals, Orphanage, School etc created out of ‘Wakf’ funds or properties.
Lending a twist to the land deal for Mukesh Ambani's Antilia, a skyscraper residential project cleared by the Maharashtra ‘Wakf’ Board, the Central ‘Wakf’ Council said no ‘Wakf’ property could be sold or transferred. ‘Wakf’ properties are not transferable nor can they be sold. All such deals are illegal. The state ‘Wakf’ Board had given a no-objection certificate to the deal after receiving Rs 16 lakh as ‘Wakf’ charges from an orphanage trust that transferred the land to Ambani. Even, the Maharashtra Government admitted that the property belongs to ‘Wakf’ Board and termed the transaction as ‘illegal’.
For over a millennium, Muslims in India have been setting aside property [or part of property] and pledging it, in the name of God, for charitable works. The purpose was that the earnings would go to the upkeep of orphans, widows and for other social causes. Even in rural areas there are 'Waqf' properties that can fetch earnings to the tune of crores. But this money that should go in establishment of orphanages, opening charitable hospitals, schools, colleges, disbursing pensions to destitute and scholarships to poor students. For example, if a widow dies, and before his death she had pledged that her land should be deemed ‘Waqf’ property, and a girls' school ought to be founded on it, it is not possible to change the intent. Though a ‘Waqf’ property can not be sold or its use changed till eternity, the exact opposite happens, because lands are mostly in prime locations. When ‘Waqf’ property can not be sold and its intent can not be changed, how did Mukesh Ambani construct a residential skyscraper?