The day was March 5, 2014, and the Model Code of Conduct was to kick in the following day. The then Congress-led United Progressive Alliance (UPA) government decided to make an unprecedented move in haste.
Overnight, 123 prime properties in Delhi were handed over to the Delhi Waqf Board in one final act of minority appeasement. While 61 of the 123 properties were owned by the Land & Development Office (LNDO), the remaining 62 properties were owned by Delhi Development Authority (DDA).
The Congress government exercised its powers under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act of 2013 to denotify the said properties from the land acquisition process.
According to Times Now, a supplementary note was written by the Delhi Waqf Board on February 27, 2014, to the Government of India, staking its claim on the 123 prime properties in the National Capital.
The news channel reported that it took just a phone call for the government to make the decision in favour of the Waqf Board. Times Now shared a secret note, which was dated March 5, 2014, and signed by Additional Secretary JP Prakash.
Addressed to the Secretary of the Ministry of Urban Development, the note read, “Denotification of 123 properties in Delhi under the control of Land & Development Office (LNDO) & Delhi Development Authority (DDA) allowing the title to revert to Delhi Waqf Board be communicated to the Ministry pending formal issuance of minutes.”
#WaqfLandSecretNote#EXCLUSIVE | Days before the 2014 elections, the UPA govt ‘gifts’ 123 prime properties in Delhi to Waqf.
— TIMES NOW (@TimesNow) September 16, 2022
“Please refer to the telephonic request”, @RShivshankar takes us through the details of the ‘secret note’. pic.twitter.com/TfcDOShyPJ
The news channel also unearthed a notice by the Union Home Ministry which stated, “The Central government is pleased to withdraw from the below-mentioned Waqf properties under the control of LNDO & DDA, subject to the following conditions.”
The Congress-led-UPA government conceded that the 123 properties belonged to the Delhi Waqf Board and decided to ‘withdraw’ its claim on them, after receiving a note from the Board.
It must be mentioned that the said properties were inherited from the British government and their status remained unchanged till March 5, 2014.
BJP government took cognisance of the matter in 2015
As early as February 2015, the BJP-led-NDA government vowed to set up an inquiry into the decision by its predecessor to gift government properties to the Delhi Waqf Board. The development came after the Vishwa Hindu Parishad (VHP) moved the Delhi High Court against the decision.
The Hindu organisation had argued that the prized properties could not be released and identified under Section 48 of the Land Acquisition Act.
While speaking about the matter, then Urban Development Minister M Venkaiah Naidu said, “I have received a representation against Salman Khurshid… On the eve of his demitting office last year, he was instrumental in the transfer of these properties, keeping vote bank politics in mind.”
Delhi Waqf Board defended its decision
The Delhi Waqf Board was granted the power to carry out renovation and construction on the properties, following the transfer of ownership by the UPA. In its defence, nodal officer Alam Farooqui alleged that the 123 properties were built on masjids, dargahs, and graveyards.
He claimed that the reversal of the UPA decision would impede the generation of revenue and the development of the Muslim community. “Revenue from wakf properties is used for the welfare of the community,” Farooqui said.
He further added, “Only a handful is vacant land and most of these have been encroached upon. Ownership rights would have allowed us to remove the encroachments.”
Inquiry Committee failed to resolve the issue
An Inquiry Committee, comprising a retired Delhi Higher Judicial Service official named JR Aryan, was set up by the BJP government in May 2016. It was tasked to submit the report within a period of 6 months.
In June 2017, it was reported that the Committee recommended that the final call on the fate of the 123 properties must be taken by the Delhi Waqf Commissioner.
One official informed that the JR Aryan Committee failed to examine the core issue of the de-notification i.e. whether the properties actually belonged to the Waqf. This was despite the fact that it was tasked to seek the views of all stakeholders.
Even though it took an extension of additional 6 months, the Inquiry Committee failed to come up with a concrete solution and passed the buck on to the Waqf Board Commissioner. It suggested that the DDA and LNDO take up the matter with the Commissioner for a solution.
Thereafter, in August 2018, the Centre constituted a 2-member committee to decide on the fate of the 123 properties. It told the Delhi High Court that the report of the one-man committee was inconclusive and therefore a 2-member committee was constituted.
BJP govt takes back 123 Waqf properties, AAP cries foul
In November 2021, a public notice was issued by the Delhi Development Authority (DDA), seeking public representation with respect to the disputed properties.
In March 2022, 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.
The 2-member committee’s report stated that the Delhi Waqf Board had been given the opportunity to present its case but had not done so within the prescribed time. As a result, the Board was absolved of all matters relating to the 123 properties.
123 Waqf Properties” पर पहले ही अदालत में हमने आवाज़ उठाई है,High Court में हमारी Writ Petition No.1961/2022 पेंडिंग है।
— Amanatullah Khan AAP (@KhanAmanatullah) February 17, 2023
कुछ लोगों द्वारा इसके बारे में झूठ फैलाया जा रहा है, इसका सबूत आप सबके सामने है। हम वक़्फ़ बोर्ड की Properties पर किसी भी तरह का क़ब्ज़ा नहीं होने देंगे। pic.twitter.com/UcW3rc0xJl
The committee also recommended a physical inspection of the said 123 properties. On February 17 this year, the Union Ministry of Housing and Urban Affairs posted notices outside 123 properties in Delhi, stating that they are no longer considered properties of the Delhi Waqf Board.
Following the development, AAP leader Amanatullah Khan tweeted, “We have already raised our voice in the court on 123 Waqf Properties, our Writ Petition No.1961/2022 is pending in the High Court. Some people are spreading lies about it, the proof of this is in front of all of you.”
He further added, “We will not allow any kind of encroachment on the properties of the Waqf Board.” The Delhi Waqf Board has written an official letter to the Ministry of Housing and Urban Affairs and has challenged the formation of the 2-member committee.
