The Delhi Waqf Board on Friday (22 January 2016) told the Delhi High Court that it was suffering in getting its 990 properties vacated from illegal and unauthorised encroachers as the Waqf tribunal has not been constituted.
A division bench of Chief Justice G. Rohini and Justice Jayant Nath asked the Waqf board and the Delhi government about the actions they had taken to constitute the tribunal.
The bench asked Rahul Mehra, senior standing counsel of the Delhi government to take instruction from the government on constitution of tribunal. The court posted the matter for February 17.
The board in its affidavit filed in 2015 had said that since 2014 it has written three letters to the Delhi government for issuing notification for constitution of tribunal but nothing has been done.
The court was hearing a PIL seeking set up of tribunal and direction to enforce eviction orders, already passed and awaiting enforcement for last several years, regarding 990 Waqf properties here.
Advocate Shahid Ali had filed an affidavit in respect of 990 Waqf properties which have already been ordered to be vacated under section 54 of Wakf Act 1995 (Old Act) across Delhi but the concerned SDMs have not been enforcing such orders of vacation of Waqf properties despite there is a clear commandment of Section 55 of the Wakf Act 1995.
The plea said that between 2006 and 2013, on different dates, the SDMs were requested to get the properties vacated through police circle officers (COs).
It added that 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.