The Delhi High Court raised concerns regarding unauthorized construction on Waqf properties and emphasizes the need for enhanced monitoring. The bench expressed dismay, stating that the properties were left unattended, leading to encroachments and unauthorized constructions facilitated either by certain individuals from the two departments or by others. The court raised concerns about the potential involvement of the Waqf Board in such activities.
NEW DELHI: On Tuesday, April 30th: The Delhi High Court observed that unauthorized constructions were taking place in disputed Waqf properties with no one looking after them. The court emphasized the importance of effective monitoring to address this issue promptly.
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A bench comprising Acting Chief Justice Manmohan and Justice Manmeet PS Arora cited a specific case in Nizamuddin East, where a property claimed by the Waqf Board was sold multiple times and subsequently developed into a hotel without obtaining the necessary permissions.
When questioned about the authorities’ inaction and how such unauthorized constructions occurred, the court was informed about the ongoing dispute between the Waqf Board and the Delhi Development Authority (DDA) regarding the ownership of the property.
The bench expressed dismay, stating that the properties were left unattended, leading to encroachments and unauthorized constructions facilitated either by certain individuals from the two departments or by others. The court raised concerns about the potential involvement of the Waqf Board in such activities.
The bench expressed its concern, stating,
“Authorities were questioned about their actions and how this situation arose. We were informed that a dispute between the Waqf board and the DDA regarding property ownership is ongoing.
“In this dispute, no one is looking after the properties; they are virtually encroached upon, or someone from these two departments is facilitating multiple purchases, and unauthorised construction is going on galore. We don’t know if Waqf is involved,” the bench said.
The court further noted that the Waqf Board was currently being “completely misused” with no proper oversight and stressed the importance of appointing a responsible body to monitor and protect these properties.
During the hearing, the court addressed a plea seeking the removal of Ashwani Kumar, Principal Secretary (Home) of the Delhi Government, from his position as the administrator of the Delhi Waqf Board. The plea alleged that Kumar had been acting against the interests of Waqf properties.
Considering that a similar petition challenging the appointment of the administrator was already pending before a single judge, who had reserved the order, the division bench instructed the authorities’ counsel to seek instructions on the matter.
The plea contended that the administrator of the Waqf Board, who also serves as the chairperson of the religious committee, recommended the “removal and demolition” of several Waqf properties. It was argued that the administrator, entrusted with the responsibility of ensuring the welfare and betterment of the organization, was instead working against the preservation of Waqf properties.
“The administrator in an organisation is appointed for the welfare and betterment of the organization, and such a person has to protect the interests of that organisation.
”However, in the present case, the administrator of the Delhi Waqf Board is acting totally against the Waqf properties. Instead of protecting them, he is sitting to destroy the Waqf properties,” the plea, filed by the Secular Front of Lawyers, alleged.
The petitioner, represented by senior advocate Salman Khurshid and lawyers Imran Ahmad and Rohit Sharma, highlighted instances where the religious committee had erroneously recommended the removal or demolition of Waqf properties, including historical sites such as Dargah Mamu Bhanja, Sunehri Bagh Masjid, Masjid Madarsa Kangal Shah, and Akhoondji Masjid.
The plea pointed out that a significant portion of Dargah Mamu Bhanja had already been demolished, while Akhoondji Masjid, a structure with over six centuries of history, was completely razed due to the religious committee’s misguided recommendations.
The plea further mentioned that the Delhi Waqf Board had been dissolved on August 26, 2023, as its statutory term of five years had expired. Ashwani Kumar was subsequently appointed as the board’s administrator on January 10, 2024.
The petitioner argued that the administrator, in his capacity as the chairman of the religious committee, was exceeding his jurisdiction by issuing orders for the removal or demolition of Waqf properties. Additionally, as the Additional Chief Secretary, Revenue, Kumar held influence over the board’s policy matters and was responsible for granting aid for its expenses, thereby creating a conflict of interest.
“As chairman/head of the religious committee, he is passing orders for the removal or demolition of Waqf properties that are outside his jurisdiction.
”In the capacity of administrator, Respondent No. 3 (Kumar) is sitting over the Delhi Waqf Board, interfering in policy matters, and in the capacity of Additional Chief Secretary, Revenue, he is the head of the Revenue Department, from which the board receives grant-in-aid for its expenses,” the plea said.
The respondents in the petition include the Delhi Government, Revenue Minister Atishi, Ashwani Kumar, the Delhi Waqf Board, and the Delhi Waqf Council.
The bench scheduled the next hearing on May 8th.
