The proposed legislation has omitted the controversial section 40 of the act which relates to the powers of the Waqf board to decide if a property is Waqf property.
The Waqf Board, on the other hand, contended that it had appropriately declared the property as Waqf and hence had the jurisdiction to force the ASI to remove the premises. It further contended that the ASI should have sought the Waqf Tribunal rather than filing a writ petition.
Imam Umer Ahmed Ilyasi, Chief Imam, All India Imam Organization said that it is the need of the hour to do amendment of Waqf Act and there should be no politics over it.
The claims laid by the Waqf Board often lead to disputes and create a situation where a parallel law and order runs in the country. The Centre wants to end the autocracy of the Waqf Board.
The Minority Development Department of the government has issued an order to distribute ₹2 crores to the Waqf Board in Aurangabad on Monday (10th June)
The villagers have accused the Gram Panchayat of failing to present its case during ongoing hearings related to the land leading to land grab by Waqf Board.
Rina N Singh, the counsel for the Hindu side, urged the court not to grant permission to the Waqf Board to carry out such practices where it encroaches upon a property and declares it as Waqf's asset
A Bench of Chief Justice SV Gangapurwala and Justice D Bharatha Chakravarthy struck down the provisions that enabled the Tamil Nadu Wakf Board Chief Executive Officer to order the eviction of encroachers.