Conservation caught in legal crossfire

Aga Khan Trust for Culture, which has taken up renovation of the tombs, is facing court battle in Wakf Tribunal

January 27, 2016 12:00 am | Updated September 23, 2016 11:03 pm IST

The restoration effort helmed by Aga Khan Trust for Culture is clearly visible on the two tombs in Qutb Shah Tombs complex in Hyderabad near Golconda fort.

The restoration effort helmed by Aga Khan Trust for Culture is clearly visible on the two tombs in Qutb Shah Tombs complex in Hyderabad near Golconda fort.

nybody who visits the Qutb Shahi tombs will not miss the change. Literally the damage has been undone partially. Whether it was concrete which has been removed from some of the domes, or the original stucco works that has been restored, the Aga Khan Trust for Culture (AKTC) has left no stone unturned in its efforts to restore the necropolis to its lost glory.

But behind the scenes, a hard fought court battle at the Wakf Tribunal has left the AKTC worried. Any judgement that would stop the ongoing work, would put to waste all the good work done by the organisation. And its CEO, Ratish Nanda, who is in-charge of the works, however is ready to fight it out, and ensure that the organisation’s efforts are not for nought.

“It is beyond absurd that we at the AKTC and the Department of Archaeology have to suffer litigation in order to undertake urgently needed conservation works at a site of international significance. It is absurd that for nine years the authority of the Nizam to vest these monuments in the ownership of the Department of Archaeology is being questioned,” he said.

The AKTC, in its last court hearing had laid bare everything it has on record to show that things are being done with the utmost care. Ratish pointed out that the Qutb Shahi tombs are unique and that the restoration is largest conservation work being done in the world, not in monetary terms, but for creating a model. Out of the 70-odd structures which include wells and mosques, work is going on more than 10 monuments as well as the landscaping.

At the heart of the battle is a gazette notification from the Wakf Board which shows that only a portion of the entire 108 acres of land has been notified.

According to the July 1, 1982 gazette, only seven tombs, some mosques and specific areas of land have been notified. So to who does the rest of the area or the necropolis belong to? According to senior Wakf Board officials, the property belongs to the board, even if it is not documented. “The law clearly states that ‘by user’ it becomes Wakf property,” he said.

Though in the case of the Qutb Shahi tombs, the Wakf Board has no role to play in terms of management and upkeep, though it comes under the Wakf land, said the official. “In the ongoing case, we have no role to play so as far as the matter of management is concerned, but if the issue of the tombs ownership comes into question, we will step in,” said Mohd. Asadullah, CEO, State Wakf Board.

Another senior official also pointed out that in the ongoing case between Jaferuddin and the AKTC at the Wakf Tribunal, the former has no role to question the 1977 agreement between Mukarram Jah and the then Governor of AP.

“He should have first come to us, and confirmed whether it is Wakf property or not. Who is he to even question it? Even the Nizam’s descendants are not laying claim to it,” he said. It may also be noted that the present Chairman of the Wakf Tribunal, Justice Bande Ali, will retire at the end of this month

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