HC refuses to interfere with allotment of Delhi Waqf graveyard to ITBP
New Delhi Apr 20 PTI The Delhi High Court on Wednesday refused to interfere with the Centres decision on the allotment of a graveyard allegedly owned by the Delhi Waqf Board to the Indo Tibetan Border Police ITBP saying that it is not uncommon for graves to be shifted when they cause any obstruction in development activity A bench headed by Acting Chief Justice Vipin Sanghi said it was not inclined to interfere with the single judges order declining to grant the interim relief of stay to the Delhi Waqf Board in relation to the construction activity on the plot and noted that the rights of the Board have been protected On March 9 the single judge while dealing with the Boards petition against the Centres move to re-consider the de-listing of 123 Waqf properties had opined that there was no ground to grant a stay and observed that the property was allotted to the ITBP sometime in 2017 and in case the Board succeeds in the present proceedings the allotment can be cancelled We are not inclined to interfere as the same is an interim order and the appellants rights have been protected said the bench also comprising Justice Navin Chawla while hearing the Boards appeal against the order It is not uncommon for the graves to be shifted when they cause any obstruction in development activity observed the court The court further asked the appellant represented by senior advocate Sanjoy Ghose and lawyer Wajeeh Shafiq to argue and seek the relief in relation to their case before the single judge himself The Delhi Waqf Board had moved the high court earlier this year following the constitution of a two-member committee by the Centre to consider the de-listing of 123 Waqf properties even after a report was submitted by a one-member committee on the same issue in 2017 Before the single judge the Delhi Waqf Board had contended that once its properties have been de-listed in 2014 under the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act 2013 there is no provision under the law for recalling the order of withdrawal from acquisition The petition had further said the two-member committee is the second such committee appointed by the Centre to re-examine the status of the 123 properties after the one-member committee was formed and emphasised that in the meantime the Centre transferred one of them in favour of the Indo Tibetan Border Police The whole malafide purpose of appointment of Committee after Committee is to maintain confusion in respect of the title of the petitioner with regard to these waqf properties Taking advantage of this the Union of India has transferred a portion of Waqf land comprised in Khasra no 484 QadeemiQabistan Village South Inderpat Mathura Road-the waqf property mentioned at serial no 8 of the first list of de-notified waqf properties-to Indo Tibetan Border Police the petition had contended PTI ADS AQS AQS
New Delhi Apr 20 PTI The Delhi High Court on Wednesday refused to interfere with the Centres decision on the allotment of a graveyard allegedly owned by the Delhi Waqf Board to the Indo Tibetan Border Police ITBP saying that it is not uncommon for graves to be shifted when they cause any obstruction in development activity A bench headed by Acting Chief Justice Vipin Sanghi said it was not inclined to interfere with the single judges order declining to grant the interim relief of stay to the Delhi Waqf Board in relation to the construction activity on the plot and noted that the rights of the Board have been protected On March 9 the single judge while dealing with the Boards petition against the Centres move to re-consider the de-listing of 123 Waqf properties had opined that there was no ground to grant a stay and observed that the property was allotted to the ITBP sometime in 2017 and in case the Board succeeds in the present proceedings the allotment can be cancelled We are not inclined to interfere as the same is an interim order and the appellants rights have been protected said the bench also comprising Justice Navin Chawla while hearing the Boards appeal against the order It is not uncommon for the graves to be shifted when they cause any obstruction in development activity observed the court The court further asked the appellant represented by senior advocate Sanjoy Ghose and lawyer Wajeeh Shafiq to argue and seek the relief in relation to their case before the single judge himself The Delhi Waqf Board had moved the high court earlier this year following the constitution of a two-member committee by the Centre to consider the de-listing of 123 Waqf properties even after a report was submitted by a one-member committee on the same issue in 2017 Before the single judge the Delhi Waqf Board had contended that once its properties have been de-listed in 2014 under the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act 2013 there is no provision under the law for recalling the order of withdrawal from acquisition The petition had further said the two-member committee is the second such committee appointed by the Centre to re-examine the status of the 123 properties after the one-member committee was formed and emphasised that in the meantime the Centre transferred one of them in favour of the Indo Tibetan Border Police The whole malafide purpose of appointment of Committee after Committee is to maintain confusion in respect of the title of the petitioner with regard to these waqf properties Taking advantage of this the Union of India has transferred a portion of Waqf land comprised in Khasra no 484 QadeemiQabistan Village South Inderpat Mathura Road-the waqf property mentioned at serial no 8 of the first list of de-notified waqf properties-to Indo Tibetan Border Police the petition had contended PTI ADS AQS AQS
