TS wins Manikonda land case, avoids paying Rs. 50,000 cr to Wakf Board

The Supreme Court further said that land dedicated for pious and religious purposes is not immune from its vesting with the state.

By Newsmeter Network  Published on  7 Feb 2022 1:39 PM GMT
TS wins Manikonda land case, avoids paying Rs. 50,000 cr to Wakf Board

Hyderabad: The Telangana government won the land row case related to the Manikonda jagir after the Supreme Court on 7 February ruled in favour of the state. With Monday's judgement, the state has escaped paying a huge compensation of Rs. 50,000 crore to the Wakf Board if it had lost the case.

The Supreme Court Bench constituting Justice Hemant Kumar and Justice V. Ramasubrahmaniam ruled in favour of the Telangana government while hearing the land row case between the then Andhra Pradesh government (now Telangana) and Andhra Pradesh Wakf Board over the 1,654 acres and 32 guntas of land in Manikonda jagir in Rangareddy district.

The Supreme Court further said that land dedicated for pious and religious purposes is not immune from its vesting with the state. The apex court said, "The land measuring 1,654 acres and 32 guntas vest with the state and/or Corporation free from any encumbrance." The court also directed the state to pay 90% of the gross basic sum referred to in Section 4 of the Commutation Regulation to the dargah as per Section 10(2)(i) of the Commutation Regulation. Arrears should be calculated and paid by the state within six months, the SC said.

Referring to Khajamian Wakf Estates versus State of Madras case of 1970 and Article 26, the apex court further observed, "These provisions do not take away the right of the state to acquire property belonging to religious denominations. Those denominations can own, acquire properties and administer them in accordance with the law. That does not mean that the property owned by them cannot be acquired. As a result of an acquisition, they cease to own that property. Thereafter their right to administer that property ceases as it is no longer their property. Article 26 does not interfere with the right of the state to acquire property."

The Supreme Court further quashed the errata notification issued by the Wakf Board in 2006. According to that notification, the entire 1,654 acres of land in Manikonda jagir belonged to the Dargah Huzrat Hussain Shah Vali. Contesting the claim, the then government of united Andhra Pradesh had said that only 1,654 acres of land belonged to the dargah. The High Court of Telangana heard the arguments of both parties in the case and in 2012, ruled in favour of the Wakf Board. Challenging the judgement, the government of Telangana approached the Supreme Court in 2016.

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