Government takes back 123 properties gifted to Waqf Board before 2014 elections

AAP MLA Amanatullah Khan has said that he would never let the properties taken back from the Waqf Board in Delhi

The Union Ministry of Housing and Urban Affairs has pasted notes outside 123 properties in Delhi, stating that they are no longer considered as the properties of the Waqf Board.

The properties include Mosques, dargahs and a cemetery. These properties were given to the Delhi Waqf Board, by the Congress-led UPA government prior to 2014. The Vishwa Hindu Parishad had raised the issue about these properties being in prominent locations and approached the court.

Two committees were constituted to hear the affected the parties, including a one-member committee and a two-member committee comprising a former judge of the Delhi High Court and a retired SDM.

The two-member committee had said that the Delhi Waqf Board had been given the opportunity to present its case, but has not done so within the prescribed time period. As a result of this the board was absolved of all matters relating to the 123 properties.

The committee also recommended a physical inspection of the said 123 properties.

AAP leader Amanatullah Khan tweeted following the development saying, 'we have already raised our voice in the court on the 123 Waqf Board properties in our Writ Petition No. 1961/2022. This is pending in the High Court and some people are spreading lies about it. The proof of this is in front of you.'

https://twitter.com/KhanAmanatullah/status/1626566614476013568?s=20

Khan further said, ' 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 also challenged the formation of a two-member committee.

How Congress handed properties to the Waqf Board:

The Central government in 2014 while exercising its powers under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act 2013 decided to denitrify 123 properties from the land acquisition process. The said properties were to be handed over to the Delhi Waqf Board.

The notification of the government was challenged by the Vishwa Hindu Parishad. The Delhi High Court passed an order directing the Centre to hear the grievances of the stakeholders and pass an order.

In 2016, a one-member committee was constituted by the Centre to decide on the issue. In 2017 the committee submitted its report. On February 10 2023, the Delhi High Court had observed that the Qabristan Qadeem was indisputably handed over to the ITBP in 2017.

The Board had told the court that they learnt abut the transfer of property only in 2017 in a different case. The Board's application sought a stay on the transfer.

In 2018, the Centre constituted the two-member committee to decide on the fate of the 123 properties. The Board alleged that the one-member committee report was never made public and the Union Government had arbitrarily appointed the two-member committee.

The Centre told the Delhi High Court that the report of the one-member committee was inconclusive and hence the two-member committee was appointed. The Centre however refused to share the report with the Board.

In November 2021, a public notice was issued by the Delhi Development Authority (DDA) seeking public representation with respect to the 123 properties.

In March 2022, the Delhi High Court refused to provide relief to the Delhi Waqf Board on the petition filed against deleting the 123 properties by the Union Government.