NEW DELHI: The Delhi High Court on Wednesday refused to stay the functioning of the Centre’s notice ‘absolving’ 123 properties listed as ‘Waqf properties’ in the national capital. Hearing the plea moved by the Delhi Waqf Board, Justice Manoj Kumar Ohri, however, not declined its application challenging the recent notice of the Ministry of Housing and Urban Affairs. The court asked the board to file a substantive plea with its earlier main petition urging their grounds while posting the matter for August 4.
During the course of the hearing, senior advocate Rahul Mehra, appearing on behalf of the board, contended that the Centre has no source of power to absolve the board from the properties. Mehra also argued that there is an urgency in the matter due to the overreach by the Union. “Pre-independence and subsequently after that certain properties were given to the board, assented by the President that these properties were waqf properties,” he submitted.
The Centre’s notice was based on the ‘two-member committee’ comprising Justice S P Garg, former judge of Delhi High Court and Radha Charam, SDM (retd.). The land and development office of MoHUA had said that the board was not filed any representation or objection before them pertaining to these properties.
The notice added that an opportunity was also given to the board after their application dated December 2, but they submitted no objections or submission.
However, in response, the board scrapped the argument saying that the committee did not share any report with them, despite the admitted position that the board is the “main stakeholder”. Board chairman Amanatullah Khan has said the report of the committee was not shared with the board and added that a case challenging its formation was already pending in the high court.
The main petition of the board that was filed last year 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 high court asked the board to amend its plea instead of moving an application, pursuant to which the board moved an amendment application. The high court issued notice to the Centre on this amendment application and the matter is now fixed in August.