High Court Issues Notice On Plea By Delhi Waqf Board Over Centre's Decision To Delist 123 Properties, Refuses Interim Relief

The Delhi High Court on Wednesday issued notice on a plea filed by Delhi Waqf Board aggrieved by the action of the Centre to delist 123 properties, purportedly belonging to it.

Justice Yashwant Varma however refused to grant any stay in connection of transfer of one of the 123 waqf properties, i.e., Qabristan Qadeem by the Centre in favour of Indo Tibetan Border Police.

"I'm presently not inclined to grant a stay. This is not a place for stay. It is not like the property has gone to private people. We can ask Union of India to hand it back," the Court said.

The Court sought response of the Centre, Delhi Development Authority and Indo Tibetan Border Police while posting the matter for further hearing on April 28.

The Central Government de-notified 123 purported Waqf Properties in exercise of its powers under Section 93 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

Delhi Waqf Board had approached the alleging that the government rejected the report submitted by a one-man Committee, without even sharing it, and arbitrarily appointed a Two Members Committee to re-examine the status of the properties.

While Advocate Wajeeh Shafiq appearing for the Delhi Waqf Board pressed for interim stay regarding the property allotted to ITBP, Kirtiman Singh appearing for the Centre opposed the same on the ground no construction has been done on the site and that the Board can approach the Court in future in case of any grievance.

The petition states that under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 there is no provision for recalling the order of withdrawal from the acquisition.

"Thus the properties never left their Waqf Character and are governed by the provisions of the Waqf Act, 1995, which prohibit alienation of the Waqf Properties," the plea adds.

It has further been averred that the question as to whether a property duly entered into the list is or is not a waqf property can only be adjudicated by the Waqf Tribunal constituted under Section 83 of the Waqf Act, 1995. The plea also states that the claims of individual persons qua any waqf property can only be adjudicated by the Waqf Tribunal constituted under Section 83 of the Waqf Act, 1995.

"Thus, there is nothing that recently appointed Two Members' Committee can do in respect of the waqf properties in question. While keeping the matter under consideration before One Member Committee and thereafter recently appointed Two Members' Committee, the Union of India has transferred one of those 123 waqf properties, i.e., Qabristan Qadeem, Khasra no. 484, South Inderpat, Mathura Road, Delhi in favour of Indo Tibetan Border Police," the plea adds.

The plea seeks a direction to Centre to take fresh decision on the report submitted by One Man Committee after affording reasonable opportunity to the Waqf Board to make submissions in respect of the said report.

It also seeks quashing of the allotment of waqf graveyard known as Qadimi Qabristan by the Union of India in favor of ITBP.

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