The proposed 120-bed hospital at Mumbai’s historic Khilafat House in Byculla has faced a dispute after the Maharashtra Waqf Board issued a notice to the All India Khilafat Committee over alleged non-submission of audited accounts. The committee has rejected the notice, claiming it is a public trust under the Charity Commissioner.

Waqf Board Notice To Khilafat Committee Brings Byculla Hospital Project Under Lens | X – mumbaiheritage

Mumbai: The construction of a proposed 120-bed hospital at historic Khilafat House in Byculla has become the subject of a dispute after the Maharashtra Waqf Board issued a notice to the All India Khilafat Committee (AIKC) over the alleged non-submission of audited accounts.

The committee, which has a historic association with Mahatma Gandhi and the Khilafat Movement, has rejected the notice, maintaining that it is a public trust registered with the Charity Commissioner and does not fall under the Waqf Board's jurisdiction. It said the notice has not affected the hospital project and construction is proceeding as planned.

Waqf Board notice issued

The notice, issued by the District Waqf Office, Mumbai, on September 16, directs the AIKC to submit its annual accounts and audit report, pay the Waqf Fund contribution up to the financial year 2023-24 and submit its annual budget estimate in the prescribed format under the Waqf Rules.

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The notice states that the committee is registered with the Waqf Board and warns that action may be initiated under relevant provisions of the Waqf Act, 1995, if it fails to comply. It also cites a Section under which a mutawalli or caretaker who realises income from a waqf but fails to pay the applicable contribution can be held personally liable for the outstanding amount.

Trust disputes jurisdiction

In a separate Marathi communication issued on the same day, the District Waqf Office said the management committee had not submitted details of the institution's income and expenditure for 2005-06 to 2024-25, as required under the Waqf Act. It warned that non-compliance could attract a fine of up to Rs 1 lakh and imprisonment of up to six months. The committee was given eight days from receipt of the notice to submit its explanation.

Sarfaraz Arzu, chairperson of the AIKC, said the organisation was registered as a public trust under the Charity Commissioner in 1954.

"The Khilafat Committee was formed in 1919. The land belongs to the District Collector and therefore the organisation cannot be classified as a Waqf trust," said Arzu.

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AIKC cites legal status

He said the notice placed the trust in a situation of "double jeopardy", arguing that the organisation was constitutionally protected as a public trust.

Arzu added that the trust had applied for Waqf status. "A certificate does not create any sort of legal liability," he said.

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