HC orders status quo as Rs50 lakh Muslim Library revamp plan surfaces

Nagpur: Under wraps all this while, the Nagpur Municipal Corporation (NMC) proposes to set up a modern and full-fledged library along with a samaj bhavan on the over 13,000 sq.ft land of now-sealed Muslim Library in Mominpura. In September, the civic body had sealed the library and took back possession of the prime land leased out for a library 94 years ago.
The ambitious plan came to fore in the civic body’s submission before the lower court as Muslim Library Trust filed a petition challenging NMC sealing the library over alleged misuse of land and violation of lease conditions.
Recently, the district court had upheld the NMC’s move while rejecting the appeal. The trust then moved the Nagpur bench of Bombay high court which ordered status quo while seeking verification of the NMC’s disclosure on the library’s makeover plan before the district court. The next hearing is scheduled on Wednesday.
Lawyer SS Ahmad, representing the petitioner, said the civic body didn’t disclose details about its future plan when the trust sought it. “The NMC had only submitted before the district court that funds had been received for development of the library. Which member of Parliament, either present or former, is not known from NMC’s last submission before the court,” he said.
Hearing the writ petition filed by the trust through counsel Ashutosh Dharmadhikari on Monday, the HC said, “Para 22 of the judgment of the appellate court records that the municipal corporation requires the suit premises for construction of building for a modern and full-fledged library and construction of samaj bhavan to be used by Muslim community for which concerned member of Parliament has sanctioned Rs50 lakh from his development fund…”
The HC order further said, “Considering the fact that the petitioner has been running a library there since 1928, it would be appropriate if the above position is verified and statement to that effect is made after which the court can consider the request of learned counsel.”
Ahmad said the municipal commissioner’s order too mentions that the NMC wanted the land for development of library and community hall. “The district court had rejected the trust’s appeal on the same premise,” said Ahmad.
The library is an old structure and the trust too is keen on its development. The trust is demanding control over running the new library, which is proposed by the NMC. The petition seeks continuation of the lease and proposes that even Muslim Library Trust can develop it.
“Muslim Library is a registered trust. The petitioner didn’t violate any lease condition. NMC has admitted that ground rent was paid till 2023. If ground rent is already paid, why was lease not renewed?” said Ahmad.
Several organisations, schools, poets seek opening of library
Following election of a new trust of Muslim Library, different organisations, intellectuals and individuals have come forward seeking re-opening of library, sealed by the Nagpur Municipal Corporation. They included writer and poet Mohammad Sharfuddin Sahil, Jamaat-e-Islami Hind Nagpur, Falah-e-Milat, Healing Touch, Jamiat Ulama, Yaqubia School ,Takiya Mehboob Shah Action Committee etc. They said the new body has selfless individuals who have clean record and would run the library with transparency and professionalism.