Centre May Carry Out Inspection Of 123 ‘Waqf Properties’ While Ensuring Minimal Disruption In Administration Of Properties By Waqf Board: Delhi High Court

The Delhi High Court has said that the Union Government may carry out physical inspection of 123 properties, possession of which is being claimed by the Delhi Waqf Board, while ensuring minimal disruption in the day-to-day administration of the properties.

Justice Manoj Kumar Ohri passed the order on April 26 in the petition moved by Delhi Waqf Board challenging the government’s decision to “absolve” the board from all matters pertaining to 123 properties.

The court said that the Board’s application for interim directions will be kept pending for disposal after the completion of pleadings in the matter.

“In view thereof, pending a final decision in the present petition, respondent may act upon its letter dated 08.02.2023 to carry out the inspection while ensuring minimal disruption in the day-to-day administration of the subject properties by the petitioners,” the court ordered while listing the matter next on November 06.

Recently, opposing the grant of interim relief, the Union Government had filed a short affidavit and submitted that it acquired the 123 properties between 1911-1914 and the mutation of the properties took place in the name of Government of India.

Justice Ohri noted that since the issue regarding possession of the properties dated back to the year 1911, it would be appropriate that a “detailed counter affidavit” is called for by the Union of India and the Board be given an opportunity to meet the contentions by filing a rejoinder.

“This calls for a more detailed hearing as the issues at hand involve complex facts and legally nuanced arguments advanced by the parties,” the court said.

Calling the petition “wholly without merit” which should be “rejected at the threshold”, the Union of India in its short affidavit had said that the Delhi Waqf Board has no stake in the 123 properties and no intention to substantiate its claim qua them.

The government had submitted that the properties were subject matter of the land acquisition proceedings between the years 1911 and 1914, after which they were acquired by the Union of India, compensation was paid, possession was taken and mutation was carried out.

In the petition filed through advocate Wajeeh Shafiq, the Delhi Waqf Board has argued that Union of India's power to take any such action is not traceable to the Waqf Act. The enactment is a complete code unto itself governing all the Waqf properties and has an overriding effect, the Board has said.

The Waqf Board has also argued that the Union of India has given "flimsy reasons" that the Waqf Board did not show any interest in the properties as it did not file any objections before the two-member committee, which was constituted to look into the matter.

The Waqf Board has also said that the impugned decision has been communicated to it on February 13 a letter dated February 08 without putting the report or recommendations of the Two Member Committee in public domain and without sharing any other particulars.

The dispute related to the properties has been pending for decades. The properties include mosques, dargahs and Muslim graveyards. In 1984, the Union of India itself had issued an order for transfer of the properties to the Waqf Board but the decision was challenged by Vishwa Hindu Parishad. In August 1984, a division bench of the High Court granted status quo regarding the properties. In 2011, the petition was disposed of with a direction to the Union of India to take a decision in the matter.

According to the Waqf Board, the Ministry of Home Affairs in March 2014 withdrew these 123 properties from the acquisition and decided that they shall revert to the original owner.

The decision was challenged by Indraprastha Vishwa Hindu Parishad and the court directed the Union of India to take an appropriate decision after giving an opportunity of hearing to all the stakeholders, particularly the Waqf Board. "It was also directed that till such time, the status quo obtaining as on 20.08.2014 with regard to the possession of the land in question shall be maintained," the Board said in the petition.

In 2016, a One Man Committee was constituted to hear the stakeholders in the matter. It is stated to have submitted a report in 2017. According to the Waqf Board, a copy of the report was not shared with it.

According to the Waqf Board, it learnt about the constitution of the two-member committee only in December 2021 and approached the high court. "Thus, even one is to assume that the said Two Member Committee had some statutory basis, though it had none, then also, it is not a case where the petitioner was lax in seeking its remedies and this fact was within the knowledge of the respondent no. I [Union], being the respondent no.l in Writ Petition ..., which petition is still pending as a consequence of the repeated adjournments sought on behalf of the respondent no.1," it has said in the petition.

Title: Delhi Waqf Board v. Union of India 

Citation: 2023 LiveLaw (Del) 362

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