Nagpur: Court rejects Muslim Library’s plea seeking back Mominpura land

NAGPUR: The district court has rejected the petition filed by Muslim Library seeking back possession of the land in Mominpura from the Nagpur Municipal Corporation (NMC). The court directed the civic body to open the seal and hand over books and other articles to Muslim Library.
TOI on September 17 had reported how the NMC sealed Muslim Library and took back the sprawling 13,400 sq ft land leased to the library 94 years ago. The action was taken following commercial use of majority of the land with the library closed and lease not renewed after 30 years.
To prevent further encroachments, the NMC also erected tins and proposed to construct a compound wall.
Muslim Library through its trustee Shamim Sadiq Mohammad Alimuddin filed a petition in district court challenging the NMC’s action.
District judge-6 DS Ghumare rejected the petition on September 28. “Muslim Library sought opening of the lock and restoration of possession saying the NMC took possession without following due process of law. NMC filed its detailed reply putting in detail how the due process of law was followed. The NMC took possession of the premises under the provisions of the Municipal Corporations Act. Inherent power under Section 151 of the Code of Civil Procedure is to be exercised rarely and only for the ends of justice and to prevent abuse of the process of law. I do not find that this is a fit case wherein inherent powers under the Code of Civil Procedure have to be exercised for the ends of justice. Furthermore, I do not find that there is any abuse of the process of law making it a case to exercise inherent powers,” the judge observed.
Ghumare also directed the NMC to prepare an inventory of the articles lying in the premises in the presence of office bearers of the appellant and two respectable persons from the same locality. “Hand over the entire books and other articles lying in the library to the appellant deserves to be made,” the judge ordered.