(1888PressRelease)
July 10, 2007 - All process above board w.r.t. Antillia acquisition. Personality clash and dubious motive led to wrong allegations.
The Chairman of Maharashtra Wakf Board M A Aziz, embroiled in a controversy over the acquisition of land here for a residential complex by Mukesh Ambani-owned company Antilia, today said the state government has no jurisdiction to interfere in Wakf-run matters.
In his reply to the notice served on him by the state Revenue and Forest Department on July 3, Aziz alleged Wakf Minister Anees Ahmad was "out to exact personal vendetta because I exposed his role in a land deal in Nagpur".
He said he had sent the reply today and the government has no jurisdiction in Wakf matters which are to be decided only by Wakf tribunal.
The Wakf Board had yesterday issued a notice asking Antilia to explain within seven days why the plot should not be restored to the Board as it was acquired "in contravention of Wakf rules".
The move came two days after the state government termed the deal as "illegal" and directed the Wakf Board to "take back possession" of the property.
However, Chief Minister Vilasrao Deshmukh had said yesterday that "as far as I know, the Wakf Board had given a no-objection certificate (for five land deals, including that of Antilia)." Ambani is building a 27-storey skyscraper on a 4,532 sq m plot in south Mumbai.
BACKGROUND
The Currimbhoy Ebrahim Khoja Orphanage, a charitable Trust, was in acute shortage of funds. The Trust therefore decided to sell the said property and utilise the sale proceeds to shift the Orphanage to an alternate complex. It issued Public Notices in Times of India and Navbharat Times on April 17, 2002, inviting offers from public for the sale of the property. The Trust received many offers and the offer of Antilia Commercial Pvt Ltd of Rs.21,05,00,000/- being highest was accepted and MOU was entered into with them on May 9, 2002.
The Trust submitted its application for permission of Charity Commissioner for the sale of the said property. Permission was granted by the Charity Commissioner on August 27, 2002. As required under the provisions of the Income Tax Act 1961, Form 37-1 was filed with the Appropriate Authority which vide their Certificate dated Sept 11, 2002, certified that it has no objection to the transfer of the said property by the Trust to Antilia Commercial Pvt Ltd for Rs. 21,05,00,000/-
In April 2004, Antilia Commercial Pvt Ltd received a notice from Maharashtra State Board of Wakfs to explain why action should not be taken to recover the said property from them. In response, Antilia Commercial Pvt Ltd filed a case before the Honorable Tribunal constituted under the Wakf Act, 1995 submitting that they have aquired the property after due process of law. In the meantime, the Trust obtained opinion of Dr Tahir Mahmood of National Human Rights Commission that Currimbhoy Ebrahim Khoja Orphanage remains a trust and cannot be regarded as a Wakf.
The Trust represented that it has always been a Public Charitable Trust and is not a Wakf. The Wakf Board after having been satisfied that the sale of the said property is beneficial to the Trust, decided to ratify the sale of the said property in favour of Antilia Commercial Pvt Ltd and accordingly informed the Trust vide its letter dated March 19, 2005. The notice issued by the Wakf Board to Antilia Commercial Pvt Ltd was withdrawn vide letter dated March 23, 2005
As the matter was resolved amicably, the suit filed by Antilia Commercial Pvt Ltd was withdrawn.Since the Wakf Board continued to maintain that the Trust is a Wakf, the Trust has filed a Writ Petition No.3022 of 2005 in the High Court of Judicature at Bombay that the Trust is not a Wakf. The Writ Petition is presently pending.
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