High Court Asks Delhi Waqf Board To File Separate Petition Against Centre’s Decision On Status Of 123 Properties, Refuses Interim Relief

The Delhi High Court Wednesday asked the Delhi Waqf Board to file a separate petition to challenge Central Government’s decision to “absolve” the board from all matters pertaining to 123 properties, which have been under dispute for a long time.

Justice Manoj Kumar Ohri refused to pass an urgent order in Delhi Waqf Board’s application moved in a pending petition filed last year against the action of Union of India to delist the 123 properties.

The court asked the Board to file a separate substantive petition to challenge the letter and listed the application with the pending petition for hearing on August 4, the date already fixed.

Delhi Waqf Board filed the application challenging a letter dated February 8 of the Union Ministry of Housing and Urban Affairs.

During the hearing today, Senior Advocate Rahul Mehra appearing for Delhi Waqf Board submitted that there is no source of power with the Union of India to absolve the Board from the properties in question.

“If you do not have the power, you can’t do anything under the statutory scheme,” Mehra said.

He submitted that the properties were clearly demarcated vide four surveys conducted way back in 1970, 1974, 1976 and 1984 and were later assented by the President of India that they were waqf properties.

“Since 1911 and thereafter till date, when the letter has come up, these properties are admittedly waqf properties, concerned with the waqf board, to be controlled and managed by the board under the Act [Delhi Waqf Act]…,” he said.

Mehra submitted that under the complete statutory scheme, there is no concept of the Central or State Government to absolve the properties from the Board.

“Any order of this seriousness always starts with some source of power. That, in this letter, is completely missing,” he said.

On the other hand, ASG Chetan Sharma appearing for Central Government submitted that the prayers in the application filed by the Board are totally beyond the scope of the pending petition.

He referred to various orders passed by the court wherein the Board’s application seeking stay of the two member committee - which was looking into the status of the properties, and a revision plea were dismissed.

“Once given report of the committee is under challenge, we will meet this. It cannot be done by this application. That is a substantive writ petition,” Sharma said.

Case Title: Delhi Waqf Board v. Union of India & Ors

Citation: 2023 LiveLaw (Del) 168