Delhi Waqf Board is not the owner of properties, can only be a custodian, says HC to Center

The Delhi Waqf Board is not and cannot be the owner of any of the 123 properties and at best could only be a custodian, that too only if it’s a Waqf property, the Union government has told the Delhi high court while opposing the Board’s plea against the inspection of the properties absolved of its control.

The Centre filed an affidavit in the Delhi high court in response to the Waqf Board’s application. (File Photo)
The Centre filed an affidavit in the Delhi high court in response to the Waqf Board’s application. (File Photo)
It has said that “merely because certain properties were given on lease to various persons, does not ipso-facto mean that the said properties are converted into Waqf properties”.

The Land and Development Office (L&DO) of the Ministry of Housing and Urban Affairs (HUA) in February decided to take over 123 properties of the Delhi Waqf Board, including mosques, dargah and graveyards, based on the report of a two-member committee.

The deputy L&DO, in a letter to Board chairman Amanatullah Khan, had on February 8 informed him about the decision to absolve the Delhi Waqf Board from all matters related to the 123 properties based on the two-member committee’s report.

In an affidavit filed in response to the Board’s application to restrain the inspection and demolition of the 123 properties, the Centre has said that neither the Board nor anyone else can have the objection to any inspection, which would even otherwise be permissible under the Waqf Act and which in any case would clarify the factual position obtaining on the ground in respect of such properties.

The application was filed in a pending petition by the board against the letter of February 8 absolving them of all the 123 properties.

Justifying its action, the Centre said that the letter of February 8,2023 to the Board clearly indicated that inspection would be carried out of the 123 properties to give the factual position to the authorities for them to take a decision.

“Without prejudice to all other submissions, it is respectfully submitted that by the letter dated February 8, 2023, all that has been stated is that physical inspections are to be carried out of all the 123 properties, “ the Centre stated.

In a fresh application following the demolition of the boundary wall, the Board told the court that after the last date of hearing, the Delhi Development Authority (DDA) has started to send its employees to visit the Waqf properties, part and parcel of the 123 Waqf properties, along with police, who are affixing and distributing the notices/letters at the Waqf properties/ Mosques included in the aforesaid 123 Waqf properties during the prayer times.

Earlier the court had asked the Centre to file their response after the Waqf Board pointed that no reply has been given till date by the Centre despite several hearings in the matter.

In its response, the Centre has said that the properties in question were the subject matter of land acquisition proceedings between 1911 and 1914, pursuant to which these 123 properties were acquired, compensation was paid, possession was taken and mutation was carried out in their favour.

It said that Delhi Waqf Board is a creation of a statute i.e. The Waqf Act, 1954 and given this position, the Board, does not either have the locus or the competence to raise any question whatsoever on the acquisition of properties that took place way back in 1911 to 1914.

“Admittedly, these acquisitions attained finality and there has been no challenge whatsoever to the same…in addition to the admitted factual position as regards the possession qua the same, admittedly, the property so acquired were thereafter used for the purposes of creating infrastructure and buildings etc. that are now identified as the Urban scape of Delhi, “ the Centre said.

The government further said that the Board was given ample opportunities to present all the documents and the facts before a two-member committee which was formed in 2021 to look into the matter.

“ It is, ex-facie apparent, therefore, that the Board has no interest whatsoever in the said properties, inasmuch as it has not even cared to appear before the Committee and place on record its objections. In the circumstances, the letter dated February 8, 2023 merely states the obvious i.e. that ex-facie the petitioner-board has no say whatsoever in the so called Waqf properties that are the subject matter of consideration by the two-member committee, “ the Centre asserted.

Challenging the Union government’s decision of February 8, 2023, the Waqf Board has contended that 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.