Delhi Waqf Board Challenges Union Govt's Decision On 123 'Waqf Properties', High Court Adjourns Matter To Next Week

The Delhi High Court on Tuesday adjourned Delhi Waqf Board's petition challenging Union Government’s decision to “absolve” the board from all matters pertaining to 123 properties, to March 15.

Senior Advocate Rahul Mehra, representing the Waqf Board, earlier submitted before the court that the possession of the properties has consistently been with the statutory authority. He called the union government's decision "blatantly illegal" and said the Waqf Board has been contesting the matter for more than 100 years.

Mehra objected to the Union of India's conclusion that the Waqf Board has not shown any interest in the properties. While Mehra sought a status quo in the matter till next hearing, his prayer was opposed by the union government.

Justice Manoj Kumar Ohri also said that the court can't pass such an order at this stage without hearing the other side, and listed the matter for hearing on Wednesday next week. The counsel representing the union government also submitted that order passed by it only speaks about physical inspection of the properties. 

"I have to hear them also ... Nothing is going to happen. For the interim relief, do I not hear them?", said the court as it turned the request for status quo regarding possession till next date of hearing.

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 issue of 123 Waqf Properties has already been examined at least 5 times and every time it is found that those properties are waqf and be left to the petitioner. The last examination of the issue was by a One Man Committee, appointed by the respondent no.1 [Union of India] through its notification dated 19.05.2016. The report of the said One Man Committee has been rejected by the respondent no.1, without even a whiff thereof to the petitioner," it added.

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. "It is pertinent to point out that the aforesaid Gazette Notification merely recognizes the fact that the physical possession of properties comprised in the list of 123 waqf properties was never taken over in pursuance of the purported acquisition. Hence, those properties never got vested 1n the appropriate Government and acquisition was never completed," the plea reads.

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.

"The Delhi Waqf Board made various requests for the copy of the said report. Instead of sharing the copy of the report of the One Man Committee with the petitioner, the respondent no.1 vide an order dated 09.08.2018 appointed a Two Members committee comprising of Ms. Ravinder Kaur, Retired District and Sessions Judge (HQs) Delhi and Shri Usha Raman Tripathi Retd. lAS Officer, U.P. Cadre," it said in the petition.

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.

On Tuesday, the senior counsel representing the Waqf Board submitted before the court that the two-member Committee was intimated about the pending challenge before the court. "According to me, I have given them my representation in the form that I am before the Delhi High Court and I have told them these are my grounds," Mehra said.