Delhi Waqf board can only be custodian, not owner of properties, says Union Govt

While opposing the petition of the Delhi Waqf Board against the 123 claimed properties the Central Government in a filed affidavit in Delhi High Court said that the Delhi Waqf Board is not and cannot be an owner of a given property and at best it can be the custodian of the property if it is a waqf propertyEarlier an affidavit has been filed before the court of Justice Manoj Kumar Ohri in a petition of the Delhi Waqf Board challenging the order to inspect 123 propertiesCentral Government in its affidavit also said that the Petitioner Delhi Waqf Board nor anyone else can have an objection to any inspection which would even otherwise be permissible under the Waqf Act and which in any case would clarify the factual position obtained on the ground in respect of such propertiesIt also submitted that merely because certain properties were given on lease to various persons does not ipsofacto mean that the said properties are converted into Waqf propertiesThe Delhi Waqf Board is a creation of a statute ie The Waqf Act 1954 This being the position the Petitioner in any case does not either have the locus or the competence to raise any question whatsoever on the acquisition of properties that took place way back in 1911 to 1914 the affidavit submittedThe central government was represented by Additional Solicitor General Chetan Sharma and Central government Standing Counsel Kirtiman Singh They had submitted that the government order only speaks about the physical inspection of the propertiesSenior advocate Rahul Mehra had argued that the possession of the properties has been with the board The board has been contesting the matter for the last 100 years and the decision of the government is blatantly illegalHe sought a status quo in the matter till the next date of hearing He also opposed the contention of the government counsels that the board has not shown any interest in the propertiesThe Court had refused and said it cannot pass any such order at this stage without hearing the other sideAlso Read CMs house saw three incidents of roof collapse BJP diverting attentionThe Delhi Waqf Board has challenged the order by filing a petition through advocate Wajeeh Shafiq It is said that the Union Government has no power to take such action in view of the Waqf Act This Act has an overriding effect and is a complete code governing the Waqf propertiesThe petition said the board is aggrieved by the conclusion that it does not have any stakes in the Waqf Properties totalling 123 in number and the decision to absolve the petitioner from all the matters concerning the aforesaid 123 properties statutorily vest with the petitioner as per the provisions of the Waqf Act 1995The Board has challenged the letter of 08022023 conveying the aforesaid conclusion and decision to the petitioner on 13022023It is stated that to arrive upon the said conclusion and decision the Central Government has given flimsy reasons that the petitioner has neither shown any interest in those properties nor filed its objectionsclaims before the Two Member Committee formed by the Centre to reexamine the matter of 123 Waqf PropertiesPertinently the issue of 123 Waqf Properties has already been examined at least 5 times and every time it is found that those properties are waqf and be left to the petitioner it addedThe last examination of the issue was by a oneman committee appointed by the Centre through its notification of 19052016 the plea saidThe report of the said oneman Committee has been rejected by the Centre without even a whiff thereof to the petitioner it addedThe decision was communicated to the petitionerDelhi Waqf Board by the Centre on 13022023 through a letter of 08022023 without putting the reportrecommendations of the Two Member Committee in the public domain and without sharing any other particulars of the said conclusion and decision with the petitioner the petition statedThis story has been sourced from a third party syndicated feed agencies Midday accepts no responsibility or liability for its dependability trustworthiness reliability and data of the text Midday managementmiddaycom reserves the sole right to alter delete or remove without notice the content in its absolute discretion for any reason whatsoever