'Not Uncommon To Shift Graves When They Obstruct Development': Delhi HC On Waqf Board's Appeal Seeking Stay On Transfer Of Burial Ground To ITBP

The Delhi High Court today refused to entertain an intra-court appeal preferred by the Delhi Waqf Board, challenging a single judge order refusing to stay Centre's decision of transferring a portion of its purported property, said to be in use as a burial ground, to the Indo-Tibetan Border Police (ITBP).

A Division Bench of Acting Chief Justice Vipin Sanghi and Justice Navin Chawla rejected the contention raised by the appellant that irreparable loss will be caused if the transfer is not stayed, inasmuch as the land in question was being used as a burial ground.

"We find no force in this submission since it is not uncommon for graves to be shifted wherever they cause an obstruction to development of land," it remarked.

The bench further said that since the impugned order is only an interim order, it is not inclined to interfere with the same, especially in view of the fact that the rights of the Appellant have been "sufficiently protected".

Vide order dated March 9, 2022, the single bench of Justice Yashwant Varma had issued notice on the waqf board's petition but had, refused to grant interim stay.

The Board had submitted that since admittedly the respondents have transferred a portion of waqf property to the ITBP, they must be restrained forthwith from creating any further rights in or over land recorded as a waqf.

"In any case if the petitioner were to ultimately succeed in the writ petition, appropriate directions for restitution can always be framed if circumstances were to so warrant," the single Judge had observed.

Case Title: DELHI WAQF BOARD v. UNION OF INDIA & ORS.

Citation: 2022 LiveLaw (Del) 392