Today, 30th April, The Delhi High Court uncovered illegal constructions on Waqf properties. Urgent action urged to address these violations. The court’s intervention aims to safeguard the sanctity and lawful use of Waqf lands. This development highlights ongoing challenges in property management and regulatory oversight.
New Delhi: The Delhi High Court recently emphasized the need for stringent oversight due to rampant unauthorized constructions on disputed Waqf properties. The court highlighted the concern during a hearing about the ownership disputes involving 123 properties claimed by the Delhi Waqf Board but delisted by the Centre, noting that some are prime real estate located in central Delhi.
The bench, led by Acting Chief Justice Manmohan and Justice Manmeet PS Arora, expressed dismay over how these properties were being managed amidst the ongoing dispute between the Waqf Board and the Delhi Development Authority (DDA).
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They observed,
“In this dispute, no one is looking after the properties and they are virtually encroached or someone from these two departments is facilitating multiple purchases and unauthorized construction is going on galore. We don’t know if Waqf is being involved.”
The court further criticized the current state of affairs, stating,
“The institution is being misused totally today”
Also stressed the urgent need for proper management and monitoring of these properties.
These comments made in the context of a plea calling for the removal of Ashwani Kumar, the Principal Secretary (Home) of the city government, from his role as the administrator of the Delhi Waqf Board. The plea accuses him of acting contrary to the interests of Waqf properties and highlights several instances where properties, such as the historic Akhoondji Masjid, recommended for demolition by a committee under his leadership, purportedly outside of their jurisdiction.
The court scheduled further hearings on this matter for May 8, as it awaits more information from the authorities involved.
The plea contends that the current administrator of the Waqf Board, who also serves as the chairperson of the religious committee, has been instrumental in recommending the demolition of several Waqf properties, actions which starkly contrast with the administrator’s duty to safeguard the interests of the organization.
The plea asserts,
“In his role as administrator, Respondent No.3 (Kumar) exerts undue influence over the Delhi Waqf Board by meddling in policy decisions. Furthermore, as the Additional Chief Secretary of Revenue, he oversees the department responsible for allocating grant-in-aid to the board, thereby controlling the financial resources crucial for its operations.”
According to the plea, filed by the Secular Front of Lawyers and represented by senior advocate Salman Khurshid along with lawyers Imran Ahmad and Rohit Sharma, the religious committee over the past year has called for the removal and demolition of historic and significant Waqf properties such as Dargah Mamu Bhanja, Sunehri Bagh Masjid, Masjid Madarsa Kangal Shah, and Akhoondji Masjid.
Notably, Akhoondji Masjid, a structure over 600 years old, was completely destroyed based on what the plea describes as “erroneous recommendations” from the religious committee.
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The petition highlights that Ashwani Kumar’s appointment as administrator came after the statutory term of the Delhi Waqf Board expired on August 26, 2023, emphasizing his dual role which complicates his capacity to neutrally oversee the board’s activities. As both the head of the religious committee and the Additional Chief Secretary of Revenue, Kumar holds significant influence over the board, particularly concerning financial matters through the department that furnishes the board with grant-in-aid.
Furthermore, the plea asserts that the jurisdiction of the religious committee should be confined to addressing the presence of unauthorized and illegal religious structures on public land, suggesting that its current actions exceed this mandate.
The legal action includes not only Kumar but also the Delhi government, Revenue Minister Atishi, and both the Delhi Waqf Board and Delhi Waqf Council as defendants, highlighting the complexity and breadth of the issues at stake.