NEW DELHI: Opposing a plea moved by the Delhi Waqf Board against the de-listing of 123 ‘waqf’ properties, the Centre said the board has no stake in any of the 123 properties in the national capital and it could only be their custodian.
The Central government submitted that the properties were acquired pursuant to land acquisition proceedings initiated between 1911 and 1914 and the mutation was carried out in its favour. Delhi Waqf Board, on the other hand, contended that the properties have always been with it and the Centre has no power to “absolve” it of them while urging the court to direct the maintenance of the status quo as an interim measure at this stage.
Justice Manoj Kumar Ohri reserved the order on the Board’s plea after hearing the Central government counsel and the senior advocate appearing on behalf of the petitioner. Earlier this year, the Land and Development Office (LDO) of the Ministry of Housing and Urban Affairs (HUA) decided to take over 123 properties of the Delhi Waqf Board, including mosques and dargahs and graveyards, based on the report of a two-member committee.
The LDO, in a letter to Board chairman Amanatullah Khan on February 8, had informed about the decision to absolve the Delhi Waqf Board from all matters related to the 123 properties based on the report.
In its reply to the petition challenging the order, the Centre stated that all 123 properties were acquired pursuant to land acquisition proceedings between 1911 and 1914, compensation was paid, possession was taken and mutation was carried out in its favour.
The main petition of the Board was filed last year and contended that the 123 properties are religious in nature and the Board is a stakeholder in the matter. Subsequently, the board moved another application in the plea seeking a stay on the proceedings of the two-member committee appointed by the Centre in February 2021. However, the HC asked the board to amend its plea instead of moving an application
Properties have always been with us: Waqf Board
The Central government submitted that the properties were acquired pursuant to land acquisition proceedings initiated between 1911 and 1914 and the mutation was carried out in its favour. Delhi Waqf Board, on the other hand, contended that the properties have always been with it and the Centre has no power to “absolve” it of them while urging the court to direct the maintenance of the status quo as an interim measure at this stage