The Gujarat High Court has stayed the sale of all properties belonging to Chokan Shah Peer-ni-Dargah in Vadodara and ordered to maintain the property “as it is till further order”. The order was issued by the court on February 25.
The property in question is one of the 26 properties which were permitted to be sold out by the Gujarat State Wakf Board (GSWB) in 2014-15 in violation of the the Wakf (Amendment) Act, 2013 passed by the central government on November 1, 2013. The new act completely prohibited the sale of wakf properties. According to case details, the Wakf board first illegally changed the trustees and appointed Khairunnisa and her son Azhar Shafiq as new trustees of Chokan Shah Peer-ni-Dargah. The new trustees on June 19, 2013, submitted an application to the Wakf board seeking permission for sale of the property.
The Wakf board in 2014 allowed the new trustees to go ahead with the sale on the condition that the buyer would give one flat to the Wakf board after development of the property.
But the original trustee — Amanullah Hafizullah Khateeb — challenged the sale of the property, contending that the amended wakf law of November 2013 did not permit sale of wakf properties.