Delhi HC Dismisses Waqf Board's Review Concerning Allotment Of Graveyard To ITBP

The Delhi High Court on Friday dismissed a plea by the Delhi Waqf Board seeking a review of an order refusing to interfere with the allotment of a graveyard allegedly owned by it to Indo Tibetan Border Police (ITBP).

In the review petition, which was heard by a Bench of Acting Chief Justice Vipin Sanghi and Justice Navin Chawla, the Board said that its grievance was restricted to the Court's observation that it was not uncommon for graves to be shifted when they cause any obstruction in development activity.

Senior Advocate Sanjoy Ghose, appearing for the Board, urged the court to recall the observation on the ground that the present case did not pertain to any development activity or involved the shifting of graves.

The Court, however, said that no ground for review was made out.

On April 20, the Court had refused to interfere with the Centre's decision on allotment of a graveyard allegedly owned by the Delhi Waqf Board to ITBP while noting that the rights of the Board were protected and it was not uncommon for graves to be shifted when they cause any obstruction in development activity.

The submission of Mr. Ghose was that the land in question was being used as a burial ground and, therefore, it would not be possible to restore the same in the eventuality of the writ petition succeeding.

Since it is not uncommon for graves to be shifted wherever they cause an obstruction to developmental activity, we do not find merit in the submission, the Court had said while dealing with an appeal by the Board against a single judge's order declining interim relief in the matter.

On March 9, the Single Judge, on the Board's petition against the Centre's move to re-consider the de-listing of 123 waqf properties, had said that there was no ground to grant a stay and observed that the property was allotted to ITBP sometime in 2017 and in case the Board succeeds in the present proceedings, the allotment can be cancelled.

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 the 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 the acquisition.

The petition had further said that 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 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.

With PTI inputs