The land in question currently houses Antilia owned by Mukesh Ambani, India’s richest man. This land was originally owned by Currimbhoy Ebrahim Khoja Yateemkhana, an orphanage.
Currimbhoy Ebrahim Khoja Orphanage Trust used to run an orphanage meant to provide maintenance and education to poor and destitute children belonging to the Khoja community.
The Charity Commissioner had granted permission in 2002 for the sale of the 4,532 square meter land to Antilia Commercial Private Limited (ACPL.) But this was not brought to the notice of the Waqf Board.
Division Bench headed by Chief Justice Manjula Chellur sought a clarification in July this year from the Board regarding the sale. Following the clarification from Manjula Chellur, Sandesh C. Tadvi the acting CEO of the State Board of Waqf filed the affidavit.
The board in its affidavit filed before the High Court says the then Chairman and CEO of Waqf Board committed a ‘mischief’ by ratifying the land sale in 2005. Now after 12 years the board has termed the sale illegal and sought restoration of the land.
The affidavit says, “A mischief was committed by the Chairman and the then CEO that they passed a resolution dated 09/03/2005 thereby ratifying the sale of the land.” It was also added the Chairman of the Trust was a political person.
The affidavit later explains the sale required prior permission of the Waqf Board. The sale required approval from two thirds majority of the Board. The required permission needed to be published in the Official Gazette. It was stated the above mentioned terms were not followed.
The Trust had filed a fresh petition in the High Court challenging the list of Waqf properties, saying the Antilia land would not come under the Waqf Board. The Trust won the case but the State Government and the Waqf Board challenged the Trust again in the Supreme Court. The case still stands pending.
In the case filed by the CEO Sandesh C. Tadvi that seeks restoration of the land is to be heard by the High Court on December 7.
