Centre may inspect 123 properties ensuring minimal disruption in day-to-day administration by Delhi Waqf Board, says High Court

The Delhi High Court has ruled that the Centre may carry out inspection of the 123 properties of the Delhi Waqf Board in the national capital while ensuring minimal disruption in the day-to-day administration by the Board.

“Pending a final decision in the present petition, the 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. CM (civil miscellaneous) applications filed by the petitioners for interim directions are kept pending for disposal after the completion of pleadings. Reply, if any, be filed before the next date of hearing”, Justice Manoj Kumar Ohri ordered.

The court was hearing a plea filed by the Delhi Waqf Board challenging a letter dated February 8 of the Union Ministry of Housing and Urban Affairs, wherein, it decided to take over 123 properties of the Board, including mosques, dargahs, and graveyards. The plea is also against Central Government’s decision to “absolve” the Board from all matters related to the 123 properties in the national capital.

On February 8, the Land and Development Office (L&DO) of the central ministry informed the Delhi Waqf Board of the decision to “absolve” it from all matters pertaining to the 123 Waqf properties. The 123 properties included mosques, dargahs, and graveyards. The letter stated that the two-member committee headed by Justice (retired) S. P. Garg on the issue of denotified Waqf properties received no representation or objection from the Delhi Waqf Board in its report.

According to the L&DO letter, the government of India formed the two-member committee on the order of the High Court. The letter stated that the committee allowed the main stakeholder/affected party, the Delhi Waqf Board, it did not, however, appear before the committee or file any representations or objections regarding the 123 properties.

"It is evident from the above facts that Delhi Waqf Board does not have any stake in the listed properties, nor have they shown any interest in the properties nor filed any objections or claims. It is, therefore, decided to absolve Delhi Waqf Board from all matters pertaining to '123 Waqf Properties'," the L&DO letter stated.

Taking note of the counter affidavit filed on behalf of the Union government in a similar petition, the court said that perusal of the same showed that prior to the passing of the order on March 27, 1984 (whereby it was decided to transfer the subject properties on lease to the DWB), a Committee of Officers under the Chairmanship of Meer Nasrullah, Special Secretary (Minority Cell), Ministry of Home Affairs was set up on August 22, 1983, to survey many properties including the subject properties.

The single-judge bench stated, “The Committee included officers from the Ministry of Work & Housing, Ministry of Home Affairs, Delhi Development Authority, L&DO, and DWB. The Committee surveyed the subject properties in detail and assessed the nature of each property in the context of requirement of development of the capital city. Reportedly, during the said survey, site verification of all the subject properties was also carried out. On a specific query put by the court to the learned counsel for the petitioners, it was confirmed that physical site inspection of the subject properties was carried out even in the past in the year 1983”.

Additional Solicitor General (ASG) Chetan Sharma appearing for the Union submitted that at present it is only confining its request only to the physical inspection of the properties in question as sought in the communication dated February 8, 2023.

“The stated intent behind the issuance of letter dated 08.02.2023 is to carry out inspection of the subject properties and place all the relevant material before the competent authority in order to take an appropriate decision in the matter. The court noted that this stand is stated to be without prejudice to the respondent’s contentions about having the title and ownership of the subject properties”, the court noted.

Furthermore, the court opined that though the matter was heard in detail, however, the issue at hand being one that dates back to the year 1911, it would be appropriate that a detailed counter affidavit is called for by the Union and the Delhi Waqf Board is allowed to meet the contentions by filing rejoinder. “This calls for a more detailed hearing as the issues at hand involve complex facts and legally nuanced arguments advanced by the parties”, the court said.

The matter will be heard next on November 6, 2023.

Case Title: Delhi Waqf Board v. Union of India & Ors. & Connected matter