Govt

Govt. of India
National Commission for Minorities
Lok Nayak Bhawan, Khan Market, New Delhi-3 Petitioner: Dr. S.H. Khan, General Secretary, Muslim Welfare Society,
Bokaro Steel City, District Bokaro (Jharkhand). Respondent: 1. Dy. Commissioner, Bokaro, (Jharkhand);
2. Chief Executive Officer, Bokaro Steel Limited, Bokaro, File No. M/JH/71/27/09
The Bench of the NCM consisted of:
Joint Secretary and Legal Officer, NCM assisted the bench. Brief record of hearing held in the Conference Room of the National
Commission for Minorities held on 09.05.2013 at 11.00 A.M.
Present:
(1) Complainant-
Dr. S.H. Khan, General Secretary, Muslim Welfare Society, 3/A, Qr.No.183, Bokaro Steel City, District Bokaro, (Jharkhand) (2) Respondents-
(i) Shri Raj Kamal Arava, IAS, Deputy Commissioner; (ii) Shri Vijay Gupta, OSD to DC, Bokaro. (iii) Shri Madhav Prasad Sinha, DGM, BSL, Town Administration & Land Petitioner Dr. S.H. Khan, General Secretary, Muslim Welfare Society, Bokaro submitted that the then Deputy Commissioner, Bokaro had held a meeting on 21.09.2012 in which officials of the Bokaro Steel Ltd, District Administration and members of both communities were present wherein the following three sites were considered for construction of mosque. Another plot in sector 12 situated on National Highway-33 adjacent to Also in sector 12 in residential colony and adjacent to Bokaro airport boundary wall of the airstrip funnel area. Dr. Khan further submitted before the Commission that in Ukrid village there is already a mosque; his society is not agreeable for Ukrid and the people of the village Ukrid are also opposed to this. However there is no mention of any objection having been raised on this ground by Dr S.H. Khan in the minutes of the meeting of 21.09.2012 chaired by Deputy Commissioner, Bokaro. He submitted that the site listed as the 2nd option at sector 12 near poultry farm is most suitable and there is a needy Muslim population resident in sector 12. He also submitted that the BSL under the compulsion of activists of the Hindu right wing is not allotting this land to the Society. Dr. Khan averred that there are several allegedly unauthorized worship places within the Bokaro Steel City to which BSL has not taken objection, but they are opposing a small mosque for Muslims. He further submitted that land was already allotted in sector 12 to the society and the society has made payment to the authority, including electricity charges, but now under the influence of right wing Hindu organizations the BSL is not allowing construction. Even the material collected for construction for mosque has been stolen by anti-social elements. Respondent Shri Raj Kamal Arawa, Deputy Commissioner submitted that he had not personally taken charge before the 21.09.2012 hearing, but from a study of the records available with the District Administration, he has learned that representatives from Bokaro Steel Limited, Bokaro, Dr. S. H. Khan and prominent social workers from both communities were present and an agreement was arrived at for constructing a mosque at Ukrid site. He also averred that Dr. S.H. Khan has signed on the agreement. The first site near village Ukrid is not far away from Sector 12 as well as from the land originally allotted to Muslim Welfare Society. This site is opposite to Jharkhand Police Station where majority population is of Muslims and there exists a small Respondent Shri Madhav Prasad Sinha, DGM, Town Administration & Land, Bokaro Steel Limited denied that BSL was in any way seeking to impede construction of a mosque, and had therefore considered three alternatives, but submitted that in the meeting of 21.09.2012 all present agreed for construction of the mosque at Village Ukrid and it was decided that in case for some technical reason the same is not possible, the second site will be considered for the same. He also submitted that as per Government of India notification the Ministries and departments are required to obtain specific approval of the Cabinet in case of sale or long-term lease of land belonging to government or the government controlled statutory authorities. He also submitted that the local people of sector-12 are not in favour of the mosque in that area. Shri Madhav Prasad Sinha further stated that the proposal had been processed in Bokaro Steel Plant and the Board of Directors had given their assent after obtaining the feasibility report. In response to the Deputy Commissioner’s statement, Petitioner Dr Khan affirmed his full confidence in the impartiality of the administration of the Deputy Commissioner. However in his rebuttal Dr SH Khan submitted that option no. 2 of the meeting dated 21.09.2012 is agreeable to his society for which the payment has already been made. For the site at village Ukrid Dr. Khan further submitted that there is already a mosque and the people resident therein will also not be agreeable. Discussion:
7. The Commission after hearing the parties asked the Deputy Commissioner whether there is any resistance or opposition by any community to construction of a mosque in sector 12. The Deputy Commissioner submitted that there is no such protest at present. The BSL also submitted that in case there is an agreement between resident communities for option 2 they have no problem, subject to approval of the authorities as per the extant policy and following due procedure. The Deputy Commissioner agreed that he will consult all the concerned parties and try to find a solution most acceptable. The Commission clarified that once the D.C. gives his recommendations on the site, it will be the responsibility of BSL to follow necessary procedures and rules to obtain approval of the Board and Decision notice:
In light of the above the Commission directed the Deputy Commissioner, Bokaro to examine the options discussed in consultation with the parties and send his recommendation to the Commission within four weeks of the receipt of this Decision Notice. 9. Announced in the hearing this 9th day of May 2013 (Wajahat Habibullah) (K.N. Daruwalla) Chairperson Member Authenticated true copy. Additional copies of order shall be supplied on application.

Source: http://ncm.nic.in/pdf/decision/Order%20NCM%2009.05.2013%20%20-%20Dr.%20S.H.%20Khan%20vs.Bokaro.pdf