The dispute pertains to 123 properties, mainly mosques and Muslim graveyards, which were denotified from the land acquisition process and reverted to the Waqf Board in 2014. The Delhi High Court Thursday asked the Centre to respond to a Delhi Waqf Board petition challenging the transfer of a graveyard to the India Tibetan Border Police (ITBP) and also asked the Centre to apprise it about the proceedings of the committees constituted to decide on 123 properties – including the Qadeemi Qabristan, South Inderpat, Mathura road – which were denotified by the government in 2014.
Justice Yashwant Varma asked a central government counsel to seek instructions and listed the matter for hearing on March 9. Before passing any orders, the court said the Centre shall inform it about the facts of the matter.
The dispute pertains to 123 properties, mainly mosques and Muslim graveyards, which were denotified from the land acquisition process and reverted to the Waqf Board in 2014. However, the Indraprastha Vishwa Hindu Parishad had challenged the government notification leading to a court order in 2014 according to which the Centre was to take a decision after giving an opportunity of hearing to the stakeholders.
The government in 2016 had constituted a one-member committee for the purpose which submitted its report in 2017. In August 2018, the government had appointed a two-member committee for the same purpose and in November 2021, the Delhi Development Authority (DDA) issued a public notice inviting representations from the public with regard to the properties.
In the petition filed by advocate Wajeeh Shafiq and argued by Senior Advocate Sanjoy Ghose, the Waqf Board said that the report of the one-member committee was never made public and argued that there is no provision for recalling the order of withdrawal from the acquisition.
While the process of taking a decision regarding the properties is still pending before the committee constituted by the Centre, the Waqf Board told the court that those properties which are on the list are being given by the Centre to other agencies like the ITBP.
Stating that the properties are religious in nature and that it is a stakeholder in the matter, the Waqf Board through the petition has sought a copy of the one-member committee report, quashing of the decisions taken by the Centre on the basis of that report, and thereafter taking of a fresh decision after affording it a reasonable opportunity of hearing.
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