Delhi HC refuses to grant status quo on Centre's decision in relation to waqf properties
Mar 07, 2023
New Delhi [India], March 7 : The Delhi Waqf Board on Tuesday pulled up the Centre in the Delhi High Court for its decision of de-listing of the board's 123 properties.
The board contended all these properties are either dargahs, mosques or graveyards, which have always remained in its possession and cannot be taken away now on the basis of a report of a two-member committee.
Justice Manoj Kumar Ohri adjourned the matter after hearing the submissions made by the senior advocate Rahul Mehra on behalf of the Delhi Waqf Board.
The High Court adjourned the matter till March 15 without passing any order or granting any relief.
The central government was represented by additional solicitor general Chetan Sharma and Central Government Standing Counsel Kirtiman Singh. They submitted that the government order only speaks about the physical inspection of the properties.
Senior advocate Rahul Mehra argued that the possession of the properties has been with the board. The board has been contesting the matter for the last 100 years and the decision of the government is blatantly illegal.
He sought a status quo in the matter till the next date of hearing. He also opposed the contention of the government counsels that the board has not shown any interest in the properties.
The Court refused and said it can't pass any such order at this stage without hearing the other side.
"I have to hear them also, nothing is going to happen," Justice Ohri said while refusing to grant a status quo till the next date of hearing.
The Delhi Waqf Board has challenged the order by filing a petition through advocate Wajeeh Shafiq. It is said that the Union Government has no power to take such action in view of the Waqf Act.
This Act has an overriding effect and is a complete code governing the Waqf properties.
The petition said the board is aggrieved by the conclusion that it does not have any stakes in the Waqf Properties totalling 123 in number; and the decision to absolve the petitioner from all the matters concerning the aforesaid 123 properties Statutorily vest with the petitioner as per the provisions of the Waqf Act, 1995
The Board has challenged the letter of February 8, 2023, conveying the aforesaid conclusion and decision to the petitioner on February 13.
It is stated that to arrive at the said conclusion and decision, the Central Government has given flimsy reasons that the petitioner has neither shown any interest in those properties nor filed its objections and claims before the Two Member Committee formed by the Centre to re-examine the matter of 123 Waqf Properties.
Pertinently, 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, it added.
The last examination of the issue was by a one-man committee, appointed by the Centre through its notification of May 19 in 2016, the plea said.
The report of the said One Man Committee has been rejected by the Centre without even a whiff thereof to the petitioner, it added.
"The decision was communicated to the Delhi Waqf Board by the Centre on February 13 through a letter, without putting the report or recommendations of the two member's committee in the public domain and without sharing any other particulars of the said conclusion and decision with the petitioner," the petition stated.
