On Wednesday (March 9), the Delhi High Court refused to provide relief to the Delhi Waqf Board, which had filed a petition against the delisting of its 123 alleged properties by the Centre.
One of the properties sought by the Islamic body is a graveyard by the name of Qabristan Qadeem that was handed over by the Union government to border patrolling organisation, India Tibetan Border Police (ITBP). The matter was heard by a Bench of Justice Yashwant Varma.
While refusing to pass an interim stay on the Centre’s decision, Justice Varma said, “I am 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 had sought the response of the Centre, India Tibetan Border Police and listed the matter for hearing again on April 28, 2022.
The timeline of the case
In 2014, the Central government exercised its powers under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act of 2013 to denotify 123 properties from the land acquisition process. The said properties were to be handed over to the Delhi Waqf Board.
The government notification was subsequently challenged by the Indraprastha Vishwa Hindu Parishad. In the same year, a Delhi court passed an order asking the Centre to listen to the grievances of the stakeholders and make a decision.
Two years later in 2016, a one-member committee was constituted by the Centre to decide on the issue. In 2017, the one-member committee submitted its report. The Delhi High Court had observed on February 10 this year that the Qabristan Qadeem was undisputedly handed over to the ITBP in 2017.
“The Waqf Board earlier told the court that they learnt about the transfer of property only in 2017 in a different case. Its application sought stay on any activity at the graveyard,” reported The Indian Express.
Thereafter in August 2018, the Centre constituted a 2-member committee to decide on the fate of the 123 properties. The Delhi Waqf Board had alleged that the one-member committee report was never made public and that the Union government arbitrarily appointed a 2-member committee to re-examine the properties’ status.
The Centre in its defence told the Delhi High Court that the report of the one-man committee was inconclusive and therefore a 2-member committee was constituted. It, however, refused to share the said report with the Delhi Waqf Board.
In November 2021, a public notice was issued by the Delhi Development Authority (DDA), seeking public representation with respect to the disputed properties.
Delhi Waqf Board wants the graveyard back
The Delhi Waqf Board has argued that the 123 properties purportedly belong to it and that the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act of 2013 has no provision to recall the order of withdrawal.
It further claimed that disputes pertaining to Waqf properties can only be adjudicated by the Waqf Tribunal under the Waqf Act of 1995. “…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,” it concluded.
The Delhi Waqf Board further alleged”…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 India Tibetan Border Police.”
