According to Waqf law, all waqf property is vested in the relevant Waqf board. (File)
New Delhi:
The Union Ministry of Housing and Urban Affairs has decided to take over 123 properties from the Delhi Waqf Board, including mosques, dargah and cemeteries, prompting a sharp reaction from board chairman and AAP MLA Amanatullah Khan.
AAP MLA Amanatullah Khan claimed that he will not allow the central government to take over the waqf properties.
The deputy land and development official informed the board in a letter on Feb. 8 of the decision to “exonerate” it from all matters pertaining to the 123 waqf properties.
The Central Ministry’s Land And Development Office (L&DO) said the two-member committee headed by Justice (retired) SP Garg on the issue of denoted waqf properties argued in its report that no representation or objection had been received by it from the Delhi Waqf Board.
The committee was formed by the Government of India by order of the Delhi High Court, according to the L&DO letter.
The L&DO said the Delhi Waqf Board was the main stakeholder/affected party to whom the committee had given the opportunity. However, it did not appear before the committee and did not file any statement or objection regarding 123 properties.
“From the above facts it is clear that Delhi Waqf Board has no interest whatsoever in the listed properties nor has shown any interest in the properties nor has raised any objections or claims. on ‘123 Waqf Properties,'” the letter from L&DO said.
Physical inspection of all 123 properties will now be carried out by the L&DO.
According to Mr Khan, the L&DO pasted notices on 123 properties, causing “widespread fear, anxiety and resentment” among the Muslim community.
“We have already raised our voice in court on 123 Waqf Properties, our Written Petition No. 1961/2022 is pending in the High Court.
“Some people are spreading lies about it, the proof of this is before all of you. We will not allow anyone to occupy the Waqf board’s properties,” he said in a tweet in Hindi.
The DWB chairman said in a reply to the deputy Land and Development officer of the central ministry on Friday that the Delhi Waqf board had already petitioned the high court in January 2022 against the formation of a two-man committee on which to report that the action was initiated by the ministry.
Mr Khan said that on April 12 last year, the committee was informed of the Waqf Board’s petition to the high court, challenged its establishment and asked it to postpone its proceedings until a final order was passed by the court . The case is pending in the Supreme Court.
He also said that a one-man panel had been formed before the two-man committee whose report was rejected without reason. Also, the Government of India had permanently assigned one of the 123 properties to ITBP, after which the Waqf Board approached the Supreme Court.
“The two-member committee has already submitted its report. However, such report is not shared with the Delhi Waqf Board. Therefore, you are urged to share a full set of the report with the Delhi Waqf Board,” said Khan.
He claimed there was no indication to form a two-member commission by the Supreme Court in his August 20, 2014, order.
These 123 properties are used by the Muslim community. The day-to-day management of these 123 properties was done by Mutawallis or the management committees appointed by the Delhi Waqf Board, he said.
The Delhi Waqf Board has a legal right under section 32 of the Waqf Act, 1995 to exercise the powers of general supervision, administration and control over these properties, he claimed.
Under Waqf law, all waqf property is vested in the concerned Waqf council, which in this case is the Waqf council of Delhi, Khan said.
The Waqf nature of the 123 properties was “innate” as they were all religious structures such as mosques, dargahs and cemeteries. Some of them were given to the predecessor of the Delhi Waqf Board – ‘Sunni Majlis Auqaf – by the British ruler,’ he added.
(Except for the headline, this story has not been edited by NewsMadura staff and is being published from a syndicated feed.)
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