Delhi High Court
Delhi Wakf Board vs Government Of N.C.T. Of Delhi & ... on 2 September, 2014
Author: Suresh Kait
$~19
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 2nd September, 2014
+ W.P.(C) 5591/2014
DELHI WAKF BOARD ..... Petitioner
Represented by: Mr. Prashant Katara, Adv.
versus
GOVERNMENT OF N.C.T. OF DELHI & ORS. ..... Respondents
Represented by: Mr. Sanjeev Goyal, Adv. for R1
and R2.
CORAM:
HON'BLE MR. JUSTICE SURESH KAIT
SURESH KAIT, J. (Oral)
1. Notice issued to respondent nos. 1 and 2.
2. Ld. Counsels named above accept notice on behalf of the said
respondents.
3. Vide the present petition, petitioner seeks direction thereby directing
respondent no. 1 to execute the order dated 18.02.2008 passed by the Waqf
Board and get the encroachment removed on Khasra No. 324, Village Hauz
Khas, New Delhi, with the help of respondent no. 2 and deliver the
possession of the said land to the petitioner Board.
4. Ld. Counsel appearing on behalf of the petitioner submits that by way
of a Gazette Notification on 16.04.1970, the aforesaid land was transferred
to the petitioner Board.
5. Ld. Counsel submits that since 1870 till date the said land has been
earmarked for the purposes of Kabristan / Graveyard. Upon inspection by
the Petitioner Board in the year 2003, it was found that the land earmarked
for the purposes of Kabristan / Graveyard has been encroached by one
Sh. Suraj Bhan and as such the said land could not be used as Graveyard any
more.
6. Notice under Section 54 (1) of the Waqf Act dated 25.05.2007 was
issued to the LRs of Mr. Suraj Bhan (since deceased). Accordingly,
objection / reply to the said notice has been filed by LRs of the alleged
encroacher.
7. Pursuant to the adjudication of the claims and hearing the version of
the encroachers as well as pursuant to the objections filed, the Petitioner
Board through its CEO passed an order dated 18.02.2008 thereby respondent
nos. 3 to 6 / encroachers were directed to vacate the Khasra No. 324 within
the next 15 days.
8. The encroachers / private respondents filed a Suit under Section 54 (4)
of the Waqf Act challenging the order dated 18.02.2008 and also filed an
application under Order XXXIX Rule 1 and 2 CPC praying interim relief.
9. Since the encroachers failed to vacate the property in question, thus
they did not comply with the order dated 18.02.2008 and the Petitioner
Board was constrained to request the respondent no. 1 vide letter dated
01.03.2008 to execute the order dated 18.02.2008. The petitioner Board
further constrained to send another letter dated 05.07.2012, requesting
respondent no. 1 to act as per Section 55 of the Waqf Act and get the
property in question vacated from the encroachers / private person.
10. I note, reminders were also sent such as letter dated 12.10.2012 etc.
requesting respondent no. 1 to act as per the provisions of the Waqf Act.
However, till date neither there is any response from the respondent no. 1,
nor any action has been taken on the representation.
11. Keeping in view the averments made in the instant petition, I direct
the respondent no. 1 to dispose of the aforementioned representation of the
petitioner within three months from today after giving opportunity to
respondent nos. 3 to 6.
12. I here make it clear that if the petitioner is still aggrieved with the
decision of respondent no. 1, liberty is granted to approach the appropriate
forum.
13. In view of above terms, instant petition is allowed with no order as to
costs.
SURESH KAIT, J
SEPTEMBER 02, 2014
jg
