Waqf Board: The Biggest Scammer of India | Waqf Board Properties in India |

Описание: Waqf Board: The Biggest Scammer of India | Waqf Board Properties in India | Waqf Board Properties in India | #oneswatantra #waqf

The Union Housing and Urban Affairs Ministry's recent takeover of 123 properties belonging to the Delhi Waqf Board has sparked controversy. This move has led to a legal battle between the central government and the board, focusing on the ownership and control of these properties, many of which include historic mosques, dargahs, and cemeteries.

What is Waqf?
Waqf refers to any movable or immovable property donated for religious or charitable purposes by a person professing Islam. Once a property is declared waqf, it cannot be reclaimed by the donor and continues to serve its religious or charitable purpose perpetually. Waqf properties can be created through a deed or may automatically be considered waqf if used for religious or charitable purposes over a long time. While non-Muslims can technically create a waqf, it must align with Islamic principles.

Status of Waqf Properties
India currently has around 8.5 lakh waqf properties, covering over 8 lakh acres of land, according to the Waqf Management System of India. After the Army and Railways, waqf boards hold the third-largest landholdings in the country.

Governance of Waqf Properties
Waqf properties in India are governed by the Waqf Act, 1995, which mandates a survey commissioner to identify and list properties as waqf. These properties are managed by a mutawali, akin to a trustee, who oversees the property’s upkeep and operations, though waqfs are restricted to religious or charitable uses, unlike trusts under the Indian Trusts Act, 1882.

Waqf Board and Central Waqf Council
Waqf Boards are juristic entities that manage and administer waqf properties. They can acquire, hold, transfer, and even be sued or sue in court. Each state has its own waqf board, led by a chairperson and consisting of government nominees, Muslim legislators, legal scholars, and mutawalis.

The Central Waqf Council (CWC), a statutory body under the Ministry of Minority Affairs, supervises these boards. Formed in 1964, it consists of a chairman and members appointed by the central government. The Union Minister in charge of Waqf serves as the ex-officio chairman of the council. The CWC advises the central and state governments and waqf boards on various issues.

The Ongoing Tussle Between the Centre and Delhi Waqf Board
The conflict over the 123 properties dates back to 2014, when the then government gifted these properties to the Delhi Waqf Board. Following disputes, the Delhi High Court ordered the formation of a committee, led by Justice S.P. Garg, to examine the status of these properties. The Garg Committee reported that no objections were received from the Waqf Board regarding the acquisition of these properties.

Fast forward to 2023-24, and the current issue revolves around the ownership of these 123 properties, which have now reverted to the Centre. The Delhi Development Authority (DDA) has been working to remove illegal encroachments from heritage monuments in areas like Mehrauli Archaeological Park, which includes some of these properties.

The Delhi Waqf Board has expressed strong opposition to the takeover and filed petitions in court. They argue that surveys being conducted on the properties should be halted, as many of them serve as active prayer sites. However, the Delhi High Court has allowed the survey to continue, while ensuring minimal disruption to daily activities, including prayer timings.

On the other hand, the Union Housing and Urban Affairs Ministry has taken a firm stand, stating that the Delhi Waqf Board cannot claim ownership of these properties. The ministry contends that the board can only be a custodian of the properties if they are indeed waqf. The Centre’s letter, filed in the High Court, absolves the board of any rights over the properties.

This legal dispute brings to light the complexities of managing and governing waqf properties in India, especially when heritage and religious sentiments are involved.

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