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Wednesday, May 1, 2024

123 properties gifted by Congress govt to Waqf Board taken back by Modi govt: Delhi

Waqf Board the largest land scam in Bharat’s history was recently brought to light. 123 prime properties gifted to the Delhi Waqf Board by the Sonia Gandhi-led Congress government have been taken back by the Modi government. The Union Ministry of Housing and Urban Affairs posted notices outside 123 properties in the capital on February 17 stating they no longer belonged to Waqf Board.

Mosques, dargahs, and a cemetery are among the 123 properties denotified by the Central government. The UPA government gave these properties to the board before the 2014 Loksabha elections. Vishwa Hindu Parishad (VHP) had approached the court raising concerns about prime properties being given away to the board.

The organization released a press statement yesterday (February 20). The statement read:

The Indraprastha Vishva Hindu Parishad (IVHP), Delhi state unit of Vishva Hindu Parishad (VHP) had saved 123 prime land properties situated in various parts of the strategic locations in the national capital Delhi. “It’s our pleasure to say that after a long legal battle of some 40 years, we have saved 123 such properties valued at around 20,000 crores from going to the illegal occupation of Delhi Waqf Board (DWB)”, Shri Alok Kumar, the Central working president of VHP said today.

Detailing the case, he said that around the year 1910, the Government of India acquired vast properties in Delhi for the new Capital of India. The acquisition was completed and the properties were vested in the Government. In the late 70s, the Delhi Waqf Board (DWB) notified 123 of the acquired properties, several of them strategically located, as Waqf properties. The Government contested the claim in all 123 cases.

Strangely, the Government at the instance of Shri Fakhruddin Ali Ahmed, then Union Minister for Waqf and Housing decided to gift away these 123 properties to the Delhi Waqf Board on perpetual lease at the rent of Re. 1.00 per acre per annum. This Order was passed on 27.03.1984. Acting quickly to save them, the Indraprastha Vishva Hindu Parishad challenged the said notification in the High Court of Delhi by W.P.(Civil) 1512 of 1984. The Hon’ble High Court in the very first hearing granted an ex parte injunction on the proposed transfers.

The Writ petition was disposed of by High Court on 12.1.2011 directing the Union of India to have a fresh look at the matter and take a decision within 6 months. The High Court further directed that till then the interim order passed by the High Court on 1.6.1984 would remain in force. The Government took no decision on the matter.

It was surprising to note that the Manmohan Singh Government, instead of examining the matter afresh, withdrew the acquisition proceedings that had been completed more than 100 years ago. This was done by notification of 05.03.2014. It was pertinent to note that the notification was issued only a few hours before the Election Commission notification for the general elections of the Lok Sabha.

The VHP complained before the Chief Election Commissioner, for violation of the Model Code of Conduct and the IVHP challenged this notification by WP(C) No.2901/2014 in the High Court of Delhi. The Government could not defend its action and made a statement that the Writ Petition filed by Indraprastha Vishva Hindu Parishad would be treated as representation and an appropriate decision will be taken at the earliest.

The Government appointed a Two Members Committee headed by Justice Shri S. K. Garg (Retd.) to examine the matter. The Committee sent several notices to Delhi Waqf Board. The Board did not appear. It filed no claims. Thus the Committee had to conclude that the DWB claim has not been substantiated.

The Government of India has accepted the decision of the two-member Committee and thus the said 123 properties continue to vest in the Government and shall not be transferred to DWB. The I-VHP congratulates the people of Delhi that the said 123 public properties, many of them strategically located have been saved from going to DWB.

Two committees were constituted to hear the aggrieved parties. A one-member committee and a two-member committee with a former judge of the Delhi High Court and a retired SDM as its members. The two-member committee noted that although the Waqf Board was given a chance to present its case, the Board failed to do so within the stipulated time. Hence, the Board was absolved of all matters relating to the 123 properties. Additionally, the committee recommended a physical inspection of the 123 properties.

“We have already raised our voice in the court on 123 Waqf Properties, our Writ Petition No.1961/2022 is pending in the High Court. Some people are spreading lies about it, the proof of this is in front of all of you. We will not allow any kind of encroachment on the properties of the Waqf Board”, tweeted AAP MLA Amanatullah Khan.

The Delhi Waqf Board has written to the Housing and Urban Affairs Ministry challenging the formation of the two-member committee.

(Featured Image Source: News18)

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