Article 2. Karnataka State Board of Waqfs Land Scandal

 

Article 2. Karnataka State Board of Waqfs: Land Scandal
http://ansarisolicitorfirm.com/Waqf-board-land-scam/

A. Preface    
Under Section 3 (r) of the Waqf Act, 1955, (herein referred to as the ‘Act,’) ““waqf” means the permanent dedication by any person, of any movable or immovable property for any purpose recognised by the Muslim law as pious, religious or charitable…”
Under Section 32 (1) of the Act, “Subject to any rules that may be made under this Act, the general superintendence of all auqaf in a State shall vest in the Board established or the State; and it shall be the duty of the Board so to exercise its powers under this Act as to ensure that the auqaf under its superintendence are properly maintained, controlled and administered and the income thereof is duly applied to the objects and for the purposes for which such auqaf were created or intended…”
Under Section 51 (1A) of the Act, “Any sale, gift, exchange, mortgage or transfer of waqf property shall be void ab initio…” provided also that “…the purpose for which the land is being acquired shall be undisputedly for a public purpose…”
Under Section 104A of the Act, “(1) Notwithstanding anything contained in this Act or any other law for the time being in force or any waqf deed, no person shall sell, gift, exchange, mortgage or transfer any movable or immovable property which is a waqf property to any other person.
(2) Any sale, gift, exchange, mortgage or transfer of property referred to in sub-section (1) shall be void ab initio.”
The Muslim Law directs the Waqf property to be utilised in a pious, religious, or a charitable purpose.

B. Land Scandal
The Karnataka State Board of Waqfs (herein referred to as the ‘Waqf Board’) is registered under the Act which maintains, controls, and administers auqafs, and manages the income generated by the same. It also appoints a Mutawalli for supervising the Board. The same Waqf Board owned 33,741 properties which was spread over 54,000 acres of land whereby, over 22,000 to 27,000 acres of land worth two lakh crore rupees was laundered to private individuals mostly between 2001 and 2012 by the members of the Waqf Board, middlemen, and politicians who never had the right to sell such land in the first place. In 2012, on the basis of the registrar’s assessment of the land, 50% of the laundered property was sold to land mafia during the period of elections.
The properties so fraudulently and illegally sold were supposed to be utilised for charitable purposes such as building mosques, dargahs, graveyards, bridges, caravanserais, Khanqahs, et cetera; and/or repairing Imambaras, burning lamps in mosques, paying money to fakirs, giving grant to colleges, et cetera. But the same were being used for personal purposes making such sales invalid and contrary to the provisions of the Act.

C. Report of the land scandal
The 7,000-plus-paged Report regarding the same case provided to the then Chief Minister of Karnataka, Mr. D. V. Sadananda Gowda, concluded that eighty-five percent of such misappropriation of the Waqf land had taken place in Bengaluru; and other major cities being Mysore, Bidar, and Gulbagra whereby, it revealed that amongst the people who worked in the Waqf Board during that time of the scandal, Congress leaders (manily the Muslim ones) were involved in such crime resulting the land scandal as one of the biggest in the country.
Some names were mentioned in the said Report as follows. Dharam Singh, Tanveer Sait, Qamarul Islam, Jaffer Sherif, N.A. Hariss, Roshan Baig, and Rahman Khan.

D. Tabling of the Report in the Karnataka Assembly
In 2012, Anwar Manipaddy’s Report was tabled in the February-March Belgaum session. The alleged information given in the Report was approved by the Cabinet. Hon’ble Supreme Court then made a conclusion: once a Waqf land is always a Waqf land. It means that once any property is dedicated to the Waqf board, the same cannot be revoked. The Hon’ble Court also suspended the Institution for a year, and acquired the Waqf property so that no interference in the investigation is made.
Conclusively, such suspension of the institution by the Supreme Court is a valid judgement.
 

F. Bibliography
http://legislative.gov.in/sites/default/files/A1995-43.pdf
https://www.indiatoday.in/india/story/waqf-land-grab-scam-muslim-charitable-assets-1048007-2017-09-19
https://www.ndtv.com/karnataka-news/karnatakas-waqf-land-scam-worth-rs-2-lakh-crore-five-facts-473536

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Article 1. Acquiring a Fire License in the State of Gujarat

Article 1. Acquiring a Fire License in the State of Gujarat
http://ansarisolicitorfirm.com/how-to-get-fire-license-in-gujarat-india/

A. Preface

A Gujarat Fire License or a Gujarat Fire No Objection Certificate issued through the Urban Development and Urban Housing Department to a particular premise in Gujarat certifies, assures, and conforms to the rules and procedures of fire safety of that premise.
Under Section 18 of the Gujarat Fire Prevention and Life Safety Measure Act of 2013 (herein referred to as ‘Act’) with subject to the Fire Prevention and Life Safety Regulations of 2016 (herein referred to as ‘Regulation’) as well as with subject to the Gujarat Fire Prevention and Life Safety Regulations of 2016 Modification (herein referred to as ‘Amendment’), any housing society or the owner or the occupier of such society as well as any building in the State of Gujarat shall provide and maintain minimum fire fighting and life safety installations all in accordance with the specified rules and regulations in the concerned Act, Regulation, and the Amendment.
Link for the said Act: https://townplanning.gujarat.gov.in/Documents/Fire%20Prevention%20and%20Life%20Safety%20Measure%20act%202013.pdf
Link for the said Regulation: https://townplanning.gujarat.gov.in/Documents/Gujarat%20Fire%20Prevention%20and%20Life%20Safety%20Measures%20Regulations.pdf
Link for the said Amendment: https://townplanning.gujarat.gov.in/Documents/Gujarat%20Fire%20Prevention%20and%20Life%20Safety%20Measures%20Regulations%202016%20Modification.pdf

B. Procedure for acquiring a Fire License in Gujarat

1. Applicant shall register and login himself on the website of Amdavad Municipal Corporation (AMC) which can be accessed via this link- https://ahmedabadcity.gov.in/portal/index.jsp

2. After logging in the said website, the applicant shall select “Fire Opinion” mentioned under “Fire NOC Applications.” If such form is unavailable then the applicant shall skip to the step numbered 14. below.

3. Following details shall be filled-in by the applicant: Opinion number, Name of the building, the Name of the zone, FP number, Sub-plot number, Height of the building in meters, TP number, Postal address, Survey number, Number of blocks, Margin of building, Block name, Number of basement, Block height from the ground Level to the top slab in meters, Block-wise description, Number of floor, and Building height category.

*4. Following documents shall be provided by the applicant to indicate the design and height of the floors as well as the total height of the building: Layout plan, Elevation section, AA section, Typical floor plan of each floor (if different) indicating service floor, skip floor, and/or refuge floor–space (with write-up and line drawing of fire protection system in the color red), and Basement plan.
Floor-wise photos and videos of the installed operative systems of fire prevention, protection, and detection, along with the floor-wise photos and videos of the smoke management system, fire lift, and the staircase of the building may be given.

5. The Fire Officer shall receive such application and scrutinise the said attachments / documents after which, the Chief Fire Officer shall receive the same.

6. If the said attachments and documents are not in accordance with the requirements of the conditions laid down by the Chief Fire Officer then the applicant shall be asked to resolve the same.

7. If the said attachments and documents are in accordance with the requirements of the conditions laid down by the Chief Fire Officer then he shall approve the same and issue a fire opinion plan as well as a letter to the Nodal Officer. Such letter issued is required for Raja Chitthi. Such opinion plan has none a charge.

8. The applicant shall obtain the fire opinion plan.

9. The applicant shall then select “Apply for Fire NOC” mentioned under “Fire NOC Applications.” If such form is unavailable then the applicant shall skip to the step numbered 14. below.

*10. Following documents shall be provided by the applicant:
a. Fire Maintenance Contract Agreement of three years for maintenance of the installed fire protection, prevention, and detection system or any other special system installed;
Such contract shall be made between the building authorities and the installer / fabricator who has installed the system or between the building authorities and any agency undertaking the maintenance of such system;
Such contract shall consist of the name and photo identity of the parties entering into the contract along with their authentication;
Such contract shall be notarised on Rupees 100/- stamp paper;
A separate Fire Maintenance Contract Agreement shall be made if there are different parties for different aforementioned systems;

b. Notarised affidavit; and

c. Lift license.

11. Along while submitting the aforementioned documents, Rupees 1000/- No Objection Certificate charges shall be made to the concerned Municipal Corporation by the applicant. Moreover, payment of inspection charges shall also be made to the same as follows.
Rupees 4,000/- for buildings of 18 metres to 30 metres height;
Rupees 8,000/- for 31 to 40 metres height;
Rupees 12,000/- for 41 to 50 metres height;
Rupees 15,000/- for 51 to 60 metres height; and
Rupees 25,000/- for 61 to 70 metres height;
whereby the aforementioned charges are for individual towers, and are halved for renewals every year.

12. The Nodal Officer shall then upload the final approval certificate to the applicant’s account. Processing days for the obtainment of the Fire License or the Fire No Objection Certificate is generally fifteen.

13. The applicant shall obtain the Fire License or the Fire No Objection Certificate.

*Apart from the aforementioned documents, the applicant might be asked to provide the following documents.
a. Records of Rights;
b. Google Map Image;
c. Certified Measurement Sheet / District Inspector Land Record (D.I.L.R.);
d. Notarised forms of 2A (Certificate of Undertaking by the Architect on Record or Engineer on Record), 2B (Certificate of Undertaking by the Structural Engineer on Record), 2C (Certificate of Undertaking by the Clerk of Works on Record,) 2D (Certificate undertaking for Hazard Safety), and 2CA;
e. TP and DP part plan, Zoning Certificate, and F form;
f. Revenue Records (7/12, 6A Hakpatrak, NA);
g. Affidavit & Undertaking;
h. Power of Attorney (if applicable);
i. Sanctioned Plan by Competent Authority (if applicable); and
j. No Objection Certificate from Appropriate Authority (if applicable.)

14. A Chief Fire Officer or a Divisional Fire Officer of Gujarat has the authority to provide a Fire License or a Fire No Objection Certificate in Gujarat.

15. Following is the contact information of Chief Fire Officers as well as Divisional Fire Officers in Gujarat:
a. Chief Fire Officer Shri M. F. Dastur at Danapith Fire station, Behind AMC Head office, Danapith, Ahmedabad- 380001.
Office- 07922148466 / 07922148467 / 07922148468.

b. Chief Fire Officer Shri H. J. Taparia at Vadodara Fire Brigade, Vadodara Municipal Corporation, Gujarat.
Office- 02652420881; Mobile- 9879618720; Fax- 2420881.

c. Chief Fire Officer Shri Taparia Hiteshkumar Jashyantsinh at Vadodara Municipal Corporation, Dandia Bazar Fire Station, Vadodara, Gujarat.
Office- 02552420881; Mobile- 9879615020; Fax- 2420881; E-mail- hjt@vadodaramail.com

d. Chief Fire Officer Shri K. K. Bishnoi for fire and emergency services at Municipal Corporation, Jubilee Garden, Jamnagar, Gujarat.
Office- 02882672208; Mobile- 9879531101; Fax- 2550340; E-mail- cfojmc@sify.com

e. Divisional Fire Officer Shri Vitthal Ji B. Parmar for fire and emergency services at Surat Municipal Corporation, Muglisara Main Road, Surat- 395003, Gujarat.
Office- (Extension number- 274) 02612422285 / 02612422286, Residential- 0262407606; Mobile- 97424345513; Fax- 2451935; E-mail- vithalji_6@msn.com

f. Divisional Fire Officer Shri Deepak H. Makhijani fire and emergency services at Surat Municipal Corporation, Muglisara, Surat, Gujarat.
Office- 02612230686 / 02612239939; Mobile- 9724345510.

 

C. Bibliography

https://ahmedabadcity.gov.in/portal/web?requestType=ApplicationRH&actionVal=viewAttachment&queryType=Select&screenId=2900003&AttachmentFileName=Online_FIRE_NOC_user_manual.pdf
https://www.indiafilings.com/learn/gujarat-fire-license/
https://nidm.gov.in/list.asp?sn=Gujarat&y=2010-11
https://ahmedabadcity.gov.in/portal/web?requestType=ApplicationRH&actionVal=viewAttachment&queryType=Select&screenId=2900003&AttachmentFileName=FIRENOC_Requirements.pdf
https://townplanning.gujarat.gov.in/Documents/NoC%20for%20FIRE.pdf
https://ahmedabadcity.gov.in/portal/web?requestType=ApplicationRH&actionVal=viewAttachment&queryType=Select&screenId=2900003&AttachmentFileName=FIREANDEMERGENCYSERVICESFAQs.pdf

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