- an
incident at Puttur, 38 KMs from Tirupati, of police arresting some
persons with terrorist links and reports in the newspapers on 05.10.2013
that a plan was revealed by them to put explosives in umbrellas being
taken to Tirumala to cause explosions and disturbances during
Brahmostavams.
2.
Under the above circumstances the Tirumala Tirupati Samrakshana Samithi
constituted the present Fact Finding Committee with the following:
Justice S. Parvatha Rao,
former High Court Judge, Andhra Pradesh
Chairman
Sri. T.S. Rao, I.P.S. (Retd.)
former Director General of Police, Andhra Pradesh
Convener
Dr. C. Umamaheswara Rao, I.A.S. (Retd.)
Member
3. The
Committee had a preliminary meeting at Hyderabad on 14.10.2013 and
started gathering information. The Committee visited Tirupati on the
11th & 12th of November, 2013 in order to know the facts on the
ground,
4. On
11.11.2013, the Committee visited the area where the building was
constructed and saw the site and the building by the side of the road
from Tirupati to Chandragiri and the connecting road to Thondavada
village and also the newly renovated Gurrappa temple (Shiva temple) by
the side of the road to Thondavada, a short distance away from the
building in question. The Committee went around the construction site.
The Committee found that behind the boundary wall of the building in
question on the back side cement pillars were raised and construction
was going on in the land. The villagers there have stated that a Mosque
is being constructed un-authorizedly in the open land behind the
boundary wall of the site in question. The Committee found a lane
behind the building in question from the road to Thondavada along the
side of Swarnamukhi River. The entire backside of the building was
visible from the lane as we walked along it. Each floor of the building
had about 19 windows. After the building there is considerable open land
with a number of coconut trees within the compound of the building
which is enclosed on three sides by a wall of about 12 feet height. The
area within the compound wall will be about 4½ to 5 acres. The building
site falls within a triangle covered by three temples, namely, Gurrappa
temple referred to above, the remains of the ancient Thimmappa temple on
the adjoining site by the side of the Chandragiri road, and
Agastheeswara temple located by the side of the road to Thondavada.
5. The
Committee interacted with the villagers of Thondavada in their village
on the same day (11.11.2013). The newly elected Sarpanch and the
previous Sarpanch were present in the meeting. After that, in
Chandragiri village, the Committee had a meeting in which villagers from
Chandragiri and from about 8 villages in Chandragiri Mandal
participated. During the meetings with the villagers, it was brought to
the notice of the Committee that they had no idea whatsoever about the
real purpose for which the building was constructed until a board was
put up in front of it about 8 months back indicating that it was for an
International Islamic University for Muslim Women. The recently elected
(in August) Sarpanch of Thondavada village informed the Committee at the
meeting that no permission was given to Ms. Shaik Nowhera or the
Society by the Gram Panchayat for constructing the building, in so far
he was aware. Sri Satyanarayana Reddy, who was the previous Sarpanch
from 2006 to 2011, did not deny this. From 2011 to August, 2013 no
elections were conducted for the Panchayat.
6. The
villagers of Thondavada who attended the meeting also stated that after
the old Gurrappa temple by the side of the road to Thondavada was
renovated, a name board for the temple was sought to be put up at the
entrance of the road on 11.10.2013, Ms. Shaik Nowhera and her associates
vehemently objected to that and brought about 300 women in Burkha in
buses who were made to squat on the road for a long time and that only
after conciliation by some elders, the board was allowed to be put up.
After that, Muslim girls and women were brought every day and kept in
the premises and later they were made to stay in the building
unauthorizedly even though no occupation certificate and completion
certificate for the building in question were obtained.
7. The
villagers of Thondavada, Chandragiri and neighbouring villages also
stated that some of the muslim workers of the Society have been hiring
rooms in private houses in the neighboring villages at exorbitant rents
and that, in view of the background of the Puttur incident, they are
apprehensive of this development. They have also pointed out that part
of the site of the building in question might be located in the
Thimmappa temple land and that the building itself encroached the land
of Nallas of Swarnamukhi River which is government land. They have also
informed the Committee that the Gram Panchayat officials and revenue
officials were not being allowed to enter into the premises and that
secrecy surrounded the whole activity and that only recently some
officials could enter the site and they have reported that the entire
building in question was centrally air-conditioned and the flooring was
with marble stones and that the fittings in the rooms and in the
lavatories were of high quality and very expensive.
8. It
was brought to the notice of the Committee that on 19.10.2010 Ms. Shaik
Nowhera applied to the Sarpanch of Thondavada for permission to
Madrasa–E–Niswan Society Trust for constructing a building in Sy. No.
4/2A/1B in an extent of Ac. 1-49 Cents for poor minority students for
which TUDA (Tirupati Urban Development Authority) had given approval.
The permission sought from TUDA was only for constructing a building
with ground floor and first floor. But when the construction of more
floors was going on, notices dated 05.02.2012 and 28.08.2012 were issued
by Thondavada Gram Panchayat to stop further construction contrary to
the approved plan and that otherwise action would be taken. But the
construction was continued up to ground + 6th floor.
9. In
the evening on 11.11.2013, the Committee held a meeting in Tirupati in
which several prominent persons attended and interacted with the
Committee. The members of the Committee narrated to them the information
gathered by the Committee from the villagers and about the gross
violations in that construction, apprehension of the people, inactivity
of the authorities in stopping the construction beyond the first floor
contrary to the approved plan promptly by taking appropriate action.
They are also informed that the building was centrally air-conditioned
and was fitted with very expensive installations and was with expensive
marble flooring which clearly indicates that it was not intended for
poor minority girls.
10. The Committee met the following officials :
- The Collector and the Jt. Collector of Chittoor District at Chittoor
- JEO of Tirumala Tirupathi Devasthanam at Tirumala,
- Superintendent of Police (Urban) at Tirupati and
- Vice President of TUDA at Tirupati.
11. They
confirmed that TUDA gave only technical clearance for the building
sought to be constructed by the Society formed by Ms. Shaik Nowhera and
as it was only for ground floor plus first floor, the concerned
Panchayat Executive Secretary had to give permission for the
construction. For buildings beyond ground plus first floor permission
has to be obtained from TUDA. The actual construction made by the
Society is in flagrant violation of the sanctioned plan. It was also
stated that both Chandragiri and Thondavada villages come under TUDA.
III. Findings of the Committee:
1. On
03.02.2010 and 24.02.2010 applications were made by Ms. Shaik Nowhera to
TUDA for constructing a building with ground floor and first floor in
Sy. No. 4-2A/1B along with the plan for the proposed building. Technical
approval to the building was given by the Vice President of TUDA on
08.03.2010 and the same was addressed to the concerned Panchayat
Executive Secretary along with the approved plan. Copies of the same
were sent to Ms. Shaik Nowhera and building inspector of TUDA.
2. On
19.10.2010, an application in Telugu along with building application
form in English signed by her as owner of the land and by licensed
building engineer for TUDA, was made by Ms. Shaik Nowhera to Thondavada
Gram Panchayat for approval to construct the building. However, from the
information gathered by the Committee, no specific approval by Gram
Panchayat was given.
3. From
the information available to the Committee, after the application was
made to the TUDA in February, 2010 only Ms. Shaik Nowhera applied to the
Tahsildar, Chandragiri Mandal for conversion of agriculture land in Sy.
No. 4-2A/1B of an extent of Ac. 1.49 Cents (5891.34 Sq. Mts.) to
non-agriculture land, and the same was granted by Tahsildar in
September, 2010.
4. The
land within the boundary walls constructed on three sides of the site in
which the building in question was constructed is much more than Ac.
1.49 Cents in Sy. No. 4-2A/1B of Thondavada village which alone was
converted into non-agriculture land for which application was made for
constructing the building in question. The excess land is obviously
encroached land. Only if proper survey is made the actual excess land
and the survey nos. of the excess land can be ascertained. The villagers
of Thondavada, Chandragiri and neighboring villages apprehend that
certain extent of Thimmappa temple land is also encroached and is within
the boundary walls of the site.
5.
Pursuant to letter No. 6/A/2012 dated 06.08.2012 of TUDA, Thondavada
Panchayat Executive Secretary issued notice dated 28.08.2012 referring
to its earlier letter dated 05.02.2012 stating that the building in
question was being constructed by Ms. Shaik Nowhera’s Society contrary
and in violation of the plan approved by TUDA and that the construction
should be stopped immediately and that otherwise action would be taken.
6. It is
well known fact that Tirumala-Tirupati are Divyakshetrams and the most
important place for Hindus and crores of Hindus and devotees of Lord
Balaji from other regions from all over the world visit the holy places
of Tirumala-Tirupati which are surrounded by temples like Srinivasa
Mangapuram, Alamelu Mangapuram, Agastheeswara Swamy temple, Kanipakkam,
Srikalahasti etc. which are important to the Hindus. Sri. S.V. Badri, a
social activist and free lance journalist, and grandson of Kalyanaram
Iyengar (Laddu Iyengar pioneer of the internationally renowned Tirupati
Laddu) had explained the religious significance of the place. As per the
Sthala Purana, Bhagawan Srinivas married Devi Padmavathi at
Narayanavanam here. After marriage, Bhagawan with his concerts shifted
to Srinivasa Mangapuram (near Thondavada) where a temple for Bhagawan
Srinivas and Devi Padmavathi exists. Both Bhagawan and his concerts used
to go to a Shiva temple located on the banks of sacred Swarnamukhi
River to serve Sage Agasthya. This temple was said to be consecretated
by Sage Agasthya and here the deity attained the name Agastheeswara.
Bhagawan Srinivas served Sage Agasthya at this temple for six months
before shifting to Tirumala. In fact, Sage Agasthya had consecrated five
temples along the river Swarnamukhi. It is really strange and
disturbing that an Islamic institution is being established in such a
great Hindu pilgrimage centre.
7. It is
known and acknowledged fact that Tirumala and Tirupati and its
neighboring places occupy an important role in the religious life of
Hindus. The Government of AP had issued Ordinance No. 3/2007 known as
Andhra Pradesh Propagation of Other Religions in the Places of Worship
or Prayer (Prohibition) Ordinance dated 22.05.2007. Subsequently it was
replaced by an Act. The Government of AP issued G.O. Ms. No. 746 dt.
02.06.2007 through Revenue (Endowments-III) Department enumerating the
temples which included Tirumala temple. Subsequently, Revenue
(Endowments-III) Department issued another G.O. Ms. No. 747 dated
02.06.2007 under which the pathways lying in the Tirupati hills limits.
The intention of the Ordinance/Act and GOs is to ensure that Tirumala
and Tirupati are places of religious importance. They are safeguarded to
maintain the sanctity, public order, tranquility, peace, security and
harmony of the holy places of worship in Tirupati and Tirumala. It is
well known that many pilgrims come by walk and other modes of transport
from the foothills on all sides of the seven hills to visit various
temples in and around Tirumala and Tirupati. G.O. Ms. No. 746
specifically mentioned Srikalahasti also. The intention of the said
Ordinance / Act and GOs is to ensure that Tirumala and Tirupati would be
free of propagation of any other religious activities and to ensure
peaceful, safe and tranquil atmosphere for Hindus and for devotees of
Lord Balaji as also of the other neighboring temples of Tirumala and
Tirupati like Srinivasa Mangapuram, Alamelu Mangapuram, Agastheeswara
Swamy temple, Kanipakkam, Sri Kalahasti etc.
8. As
per the rules, if the construction exceeds two floors, approval has to
be given by TUDA in their notified area. Thondavada village and the
construction site fall within the notified area and though a seven floor
complex in about five acres of land is being built, no approval has
been taken from TUDA by Ms. Shaik Nowhera or the Society. After they
applied to TUDA and Thondavada Panchayat for constructing ground floor
plus first floor of the building, they began the construction of the
building. Contrary to the sanctioned plan, they laid a foundation for
ground plus six floors building and proceeded with the construction of
the same continuously in spite of notices issued by the Thondavada
Panchayat. The Committee therefore finds that there was fraudulent
suppression of a very serious nature as the actual undisclosed intention
was to construct a building with ground plus six floors even when the
applications were made along with the plan for a building of ground
floor and first floor.
9. Until
the board was put some eight months back showing International Islamic
University for Women, the local population did not know the real purpose
of the building. The Committee was also told that Ms. Shaik Nowhera
also purchased lands in the areas around the building in question. If
several Mosques, Minars etc. come up in these places they will cause
disturbance to the law & order and will also disturb the harmony of
the local population.
10. Apart from the above, the following are the matters of concern:
- A
compound wall of 12 feet height has been constructed contrary to
condition 5 of the conditions mentioned in the Order dated 08.03.2010 of
TUDA which limits the height of the compound wall to 2.5 M.
- Surveillance
cameras on public movement along the road to Thondavada by the side of
the compound wall of the building in question.
- Construction
of a further structure behind the building in question in the open land
outside the compound wall which the local population believes is for a
mosque.
- Unauthorized
occupation of Government and other land within the boundary walls and
constructing the building in land in other survey nos. for which no
approval and conversion was obtained.
- The
lands surrounding the building complex are part of Swarnamukhi River and
its various Nallas. The building in question will affectively obstruct
flow of water into the river and revival of Swarnamukhi River under
Swarnamukhi River Rejuvenation Project will not be possible in the
future. The Rejuvenation Project provides for construction of
sub-surface dams with a mission of rejuvenating the river. Some NGOs of
Chittoor district formed a consortium under the leadership of Rastriya
Seva Samathi to take up the project which received support from CAPART,
Ministry of Rural Development of Government of India, and TTD.
IV. Recommendations:
1.
Security agencies should evaluate a possible threat from the newly
constructed building which is shrouded in secrecy and initiate action to
safeguard Tirumala Tirupati Divya Kshetram and the pilgrims.
2.
Investigation should be thoroughly carried out as regards the source of
funding under the various statutes and laws of the land.
3.
Income tax department should investigate into the income and expenditure
of Heera group of companies etc. and in particular this Society and
ascertain whether accounts are maintained and audited and whether
returns are being filed by them regularly and got assessed.
4.
Illegal structure beyond the plan for which technical clearance was
given by TUDA vide its Order dated 08.03.2010 should be demolished and
encroachments on the govt. lands should be removed after evacuating all
persons illegally occupying the premises and the building in question.
The remaining structure should be used by the Society only for running
educational institutions as per the existing objects of the Society and
after obtaining the necessary permissions and building clearances.
5.
Alternatively, TTD may be requested to take over the building and use it
for its purposes without any compensation for the building because it
is an illegal structure and if at all, considering the payment of the
cost price of the land purchased by the applicant after ascertaining
that the source of money is legal
OR
Alternatively,
Padmavathi Mahila University may be requested to take over the building
after the government resumes the same for running an educational
institution in the area in accordance with their mandate.
6. The
illegal structures like pillars behind the rear compound wall of the
building in question on the river side have to be removed / demolished.
V. Conclusion:
A
country which faces several security threats both internally and
externally cannot be over cautious in these matters. Alarm bells are
ringing all around. The attack on Aksharadham, the Parliament and in
particular the recent incident in Puttur on 05.10.2013 and sleeper cells
of terrorists everywhere and several other incidents in Andhra Pradesh
and elsewhere remind us of the problems abounding. The Committee
sincerely hopes that the Government and other concerned authorities
would act promptly and decisively in this matter.
Justice S. Parvatha Rao
Former High Court Judge
T.S. Rao
I.P.S. Retd.
Andhra Pradesh Former DGP, AP.
Dr. C. Uma Maheswara Rao
I.A.S. Retd.
Hyderabad
Dt:29.11.2013.
