Rohit Pradhan | 25th November 2019
Muhammad Ajmal v. Delhi Waqf Board., W.P.(C) 12342/2019 & CM APPL. 50398/2019
Matter:
Petitioner filed a petition seeking writ of Mandamus directing the Delhi Waqf Board to discharge its statutory duty contemplated under the Waqf Act, 1995 to take legal action against all the encroachers by removing them from the Waqf property in question, which is a Qabristan and Dargah of a famous Sufi Saint Hazrat Khwaja Baqi Billah R.A situated at Eidgah Chowk, Qutub Road, Paharganj, New Delhi.
Other plea was made to ensure that the Waqf property in question is protected and safeguarded in future by espousing requisite measures.
Petitioner’s Contention:
It was contended by the Counsel that, he is an interested person under Section 3(k) of The Waqf Act, 1995. It was pleaded that the encroacher shall be removed from the said place.
Respondent’s Contention:
Respondent relied upon a letter which was given to a person who earlier preferred a Petition, which stated that actions have been initiated against the encroachers against Section 54 of The Waqf Act, 1995. It was contended that Waqf Board is doing the required course of action.
Court’s finding:
Court observed that, through the letter it is clear that there are several encroachments in the Waqf Board property.
Court’s Ruling:
- A new CEO shall be appointed for the Board within 6 weeks from now and on
- Recommendation for the same shall be made from the Board to the Govt. of NCT Delhi within 2 weeks from now and on; if not made already.
- After the appointment, removal of the encroachment shall be concluded within three month of his taking charge of the office.
- Said order of the Court shall be communicated to the Govt. of NCT Delhi.
- If orders of the Court is not followed, Petitioner can approach the Court by an Application.
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