The encroachment of Waqf properties by Central and State governments has been an age-old issue but no government has made any sincere effort to vacate the encroached land. The government instead of giving back the acquired Waqf land taken on lease or by force is doing exactly the opposite by bulldozing the houses, Mosques and Dargahs in various parts of the country despite strong SC and High Courts’ order.
The governments, instead of becoming the mechanism for the welfare of Muslims who by all yardsticks are very far behind in every sphere, is trying to grab the Waqf lands which are exclusively for the charity and welfare of the Muslims. If the government is really serious to help the poor and marginalized through Waqf Amendment Bill as it is said, why hasn’tit taken seriously the Sachar Committee Report, which is a mirror reflection of the plight of Muslims in India?
As per Sachar Committee Report, “There are more than 4.9 lakh registered Wakfs spread over different states and union territories of India. Large concentration of the Wakf properties is found in West Bengal (148,200) followed by Uttar Pradesh (122,839). The total area under Wakf properties all over India is estimated at about 6 lakh acres and the book value at about Rs 6,000 crores. However, the market value of these properties will be higher manifold.”
Encroachments on Waqf properties are made not only by private persons but also by the government and its agencies as was brought to the notice of the Sachar Committee across the country. The encroachments are in two forms – (1) an absolute usurpation of property with no rents or other payments of any sort; and (2) those where the occupying party pays a nominal rent which has not been revised for decades. The number of private encroachments is very large. They are scattered all over the country and are often involved in litigation. Focused attention is, therefore, called for on encroachments by the State that is the custodian of Waqf interests.
Some instances of unauthorized occupation of gazetted Waqfs by Governments and their agencies reported to the Committee by various state Waqf Boards during 2005-06:The number of Waqf properties in Delhi (316), Rajasthan (60) Karnataka (42) Madhya Pradesh (53) Uttar Pradesh (60) Orissa (53). However this is not an exhaustive list of properties.
(Source: Sachar Committee Report)
JIH Assistant Secretary Inamur Rahman Khan provided context regarding the case, stating that the contention surrounding these properties dates back to the British era, specifically between 1911 and 1915, when the British government initiated the acquisition of land in the vicinity of Raisina Hills for the purpose of establishing a new capital for India.
The villages surrounding Raisina Hills were predominantly inhabited by Muslims, featuring mosques, madrasas, mausoleums, and graveyards. The British government of that era proceeded to acquire these religious sites as well. Consequently, what is now known as Lutyens Delhi, which includes the President of India’s House, the Parliament, various ministry buildings, India Gate, and the bungalows and residences near the Parliament and Connaught Place, was originally comprised Muslim properties prior to the relocation of the British capital from Kolkata to Delhi.
The actions taken by the British government resulted in significant dissatisfaction among the Muslim community. Ultimately, a consensus was achieved between the British authorities and the Muslims, wherein the government consented to protect religious properties and entrusted their management to the Muslim community.
This accord concerning the properties was officially recorded as Muslim religious properties with the British government. Following the establishment of the ‘Sunni Majlis Auqaf’ by the British authorities to oversee properties contributed by Muslims exclusively for religious purposes, all 123 properties were conveyed to the Sunni Majlis Auqaf via registered agreements executed by the British Crown, represented by the Commissioner of Delhi, during the period from 1943 to 1945, without any time restrictions.
After Independence, these were transferred to DWB, which is the successor of Sunni Majlis Auqaf. These properties have been in use for religious purposes of the Muslim community for more than 100 years. DDA and L&DO claimed ownership of waqf properties, Congress government formed panels to identify waqf properties.
Mr. Inam stated that the 123 properties were officially designated as waqfs in the Delhi Gazette on April 16, 1970, and December 31, 1970, in accordance with the Waqf Act of 1954. Nevertheless, the Delhi Development Authority (DDA) and the Land and Development Office (L&DO) contested these notifications by initiating declaratory suits asserting their ownership of the waqf properties. These properties are situated in key locations within the national capital.
Muslims expressed dissatisfaction with the actions taken by central government agencies. Then Congress government, led by Prime Minister Indira Gandhi, established Mir Nasrulla Committee. This committee identified over 400 waqf properties located in Delhi. The findings caused significant concern within the central government, as many of these properties were currently utilized by it. Should the recommendations of Nasrulla Committee be enacted, the central government would be compelled to either vacate these properties or provide compensation to the legal heirs associated with these waqf properties, including the Delhi Waqf Board.
In order to prevent complications, Indira Gandhi established Syed Muzaffar Hussain Burney Committee in 1974 with the objective of identifying Waqf properties in Delhi. At that time, Burney, an IAS officer, served as chairman of DWB. The committee presented its findings in March 1976, identifying a total of 274 Waqf properties in Delhi. Among these, 123 properties are currently sought for acquisition by the Central government, which asserts that these properties are government-owned rather than Waqf properties. The Burney Committee recommended that the government transfer the 123 identified Waqf properties to the DWB. However, the committee didn’t address the status of 124 additional properties that were also recognized as Waqf properties.
On March 26, 1976, a letter was written by then Prime MinisterIndira Gandhi to Chief Ministers, asking state governments to ensure that waqfs are properly maintained and administered by State Wakf Boards in terms of the Wakf Act of 1965.
In the letter, Indira Gandhi wrote, “For a variety of reasons, including unsettled conditions after partition, a large number of wakf properties have gone into the adverse possession of private parties as well as state government departments and local bodies. The Wakf Board could well start legal proceedings against the concerned state government departments. Obviously, such litigation would not be desirable. Hence, you should settle the issue on an administrative basis.”
In that letter it was mentioned that in 1961 concrete suggestions were made for quick settlement of such cases: (i) Where feasible Wakf properties should be vacated and handed over to the Wakf Board concerned. (ii) Where costly buildings have been put up on the land and their vacation is not feasible, the state government may enter into permanent leases with the Wakf Boards, after paying to the Boards the bulk of the market value as premium; or (iii) In the alternative, the state governments may arrange to make over the fair market value of the lands in the Boards, which will relinquish their rights over the land, if in their direct management, or obtain from the Mutawallis concerned with their consent, the necessary deeds on relinquishment.
Some important points of the mandate of the Joint Parliamentary Committee on Wakfs (1996-2006) is:
- Assess, ascertain and identify Wakf properties in the country.
- Identify the Wakf properties which have been encroached upon in various States and Union Territories and to suggest ways to retrieve the properties.
- Identify the Wakf properties illegally gifted, transferred, mortgaged, leased or sold, etc. and to suggest ways to fix responsibility and to retrieve the property.
- Suggest ways and measures for proper utilization of the Wakf properties.
- Ascertain the status of implementation of the Wakf Act 1995 by various State Governments.
- Suggest such amendments to the Wakf Act 1995 as may be considered necessary, so as to achieve its objectives including retrieval of the Wakf properties encroached upon.