Waqf Encroachment: Delhi High Court allows Govt of India to conduct a physical inspection of the 123 properties

Delhi, India: The Delhi High Court has allowed the Government of India (GoI) to conduct a physical inspection of 123 properties, which Delhi Waqf Board (DWB) is claiming are waqf properties, as per Land & Development Office’s (L&DO) letter dated February 8.

The Court allowed GoI to conduct a physical inspection of the properties albeit while ensuring minimal disruption in the day-to-day administration. “In view thereof, pending a final decision in the present petition, respondent may act upon its letter dated 08.02.2023 to carry out the inspection while ensuring minimal disruption in the day-to-day administration of the subject properties by the petitioners,” it said while listing the next hearing for November 6.

The Court observed that the case calls for a detailed hearing as it involves complex facts and nuanced arguments. “Though the matter was heard in some detail however, the issue at hand being one that is dated back to the year 1911, it would be appropriate that a detailed counter affidavit is called for by the respondent and petitioners be given an opportunity to meet the contentions by filing a rejoinder. This calls for a more detailed hearing as the issues at hand involve complex facts and legally nuanced arguments advanced by the parties,” it said.

The Government of India claims 123 properties

Recently, the GoI opposed the DWB’s plea moved before the Delhi High Court challenging the government’s decision to “absolve” the board from all matters concerning the 123 properties. Furthermore, the GoI has informed the Court that it acquired the properties between 1911-1914 and the properties were mutated in the government’s name.

The GoI’s affidavit calls the DWB’s petition “wholly without merit” and should be “rejected at the threshold.” The affidavit said that the DWB has no stake in the 123 properties and that it has no intention to substantiate its claim over them.

The GoI submitted that the 123 properties were part of land acquisition proceedings between 1911 and 1914. The GoI acquired the properties after the payment of due compensation for creating infrastructure, after which it took possession and the properties were mutated in its name.

The affidavit states, “…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. It is, therefore, submitted that the allegation on behalf of the Petitioners that they have always retained possession is clearly misconceived.”

Furthermore, the GoI stated that the DWB has repeatedly “attempted to seek a restraint” on the Two Member Committee from functioning and that the same was rejected by the court. The GoI also submitted that merely because certain properties were leased to various person does not ipso-facto mean that the properties were converted into Waqf properties.

“It is ex-facie apparent, therefore, that the Petitioner 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 08.02.2023 merely states the obvious i.e. that ex-facie the Petitioner has no say whatsoever in the so called Waqf properties that are the subject matter of consideration by the Two member committee,” the affidavit said.

However, the DWB has argued that the GoI’s powers to take over the 123 properties is not traceable to the Waqf Act, which is a complete code governing all Waqf’s properties and has an overriding effect. Furthermore, the DWB argued that the GoI has given “flimsy reasons” for the DWB’s failure to substantiate its claim over the properties as the DWB did not file objections before the Two Member Committee. The DWB also argued that the GoI’s decision was communicated without putting the Two Member Committee’s recommendations in the public domain.