Waqf tribunal constituted to look into disputes: AAP tells Delhi HC

New Delhi: The AAP government on Friday informed the Delhi High Court that it has constituted a tribunal to prosecute all disputes in respect of waqf property and waqf issues. The submission was made before a bench of Chief Justice G Rohini and Justice V K Rao, which was hearing a plea seeking setting up of a tribunal.

The petition has also sought a direction to enforce eviction orders which have already passed and awaiting enforcement for last many years regarding 990 waqf properties illegally encroached upon in the national capital.

Acting on the plea, the counsel for the Delhi government said that on March 15 a notification regarding constitution of a three-member Delhi Waqf Tribunal was issued.

“Delhi Waqf Tribunal for the determination of any dispute, question or other matter relating to a waqf or waqf property, eviction of a tenant or determination of rights and obligations of the lessor and the lessees of such property under the said Act has been constituted,” the government said.

The bench, however, asked the government’s counsel to file by May 29 its response explaining as to why no action was taken despite the eviction order.

The Delhi Waqf Board in its affidavit filed in 2015 had said that since 2014 it had written three letters to the Delhi government for issuance of a notification for constitution of a tribunal but nothing had been done.
It had told the court that it was having trouble getting its properties vacated from illegal and unauthorised encroachers.

The court was hearing a PIL filed by advocate Shahid Ali in respect of 990 waqf properties here which have already been ordered to be vacated from illegal and unauthorised occupation of encroachers under the Act but the SDMs concerned have not been enforcing the orders.

He said that between 2006 and 2013, the SDMs had been requested to get the properties vacated through police circle officers.

Previously these officers had the power to get properties vacated but through an amendment in 2013 in the Waqf Act, this right has been transferred to the waqf tribunal, he has said.