HC refuses Delhi Waqf Board’s plea seeking stay on property transfer to ITBP

It claimed that the properties never left their Waqf Character and are governed by the provisions of the Waqf Act, 1995, which prohibit alienation of the Waqf Properties.
Delhi High Court
Delhi High Court

New Delhi, March 9 : The Delhi High Court on Wednesday refused stay on transfer of property ‘Qabristan Qadeem’ in the national capital purportedly belonging to Waqf board which was allotted to Indo Tibetan Border Police (ITBP).

A bench of Justice Yashwant Varma was hearing a plea filed by Delhi Waqf Board against the Centre’s de-notification of 123 properties, purportedly owned by it, under Section 93 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

After hearing the submissions, the bench asked the response of the Centre, Delhi Development Authority, and Indo Tibetan Border Police in the matter and slated it for further hearing on April 28.

During the course of the hearing, Waqf Board’s counsel Wajeeh Shafiq argued for an interim stay on the property allotted to ITBP. “I’m presently not inclined to grant a stay. This is not a place to stay. It is not like the property has gone to private people. We can ask the Union of India to hand it back,” the court said.

In its plea, the Waqf Board alleged that the government rejected the report submitted by a one-man Committee, without even sharing it, and arbitrarily appointed a two-member Committee to re-examine the status of the properties.

It claimed that the properties never left their Waqf Character and are governed by the provisions of the Waqf Act, 1995, which prohibit alienation of the Waqf Properties.

The Centre’s counsel Kirtiman Singh opposed the Waqf Board’s claims, saying no construction has been done on the site and that the Board can approach the Court in the future in case of any grievance.

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