Muslim Personal Law Board Undertakes Waqf Cause
In gross violation of the Waqf (Amendment) Act 2013, which strictly prohibits sale of any waqf property, as many as 26 prime waqf properties were sold out in Gujarat by the state Waqf Board while a state minister allegedly attempted to grab 15 acres of Waqf land in Telangana. This brings into light the rampant malfunctions and corruptions in Waqf administration in the country. Furthermore, a petition was filed in the Gujarat High Court, challenging the very Waqf Act.
Taking the serious note of these developments, the All-India Muslim Personal Board (AIMPLB), a representative body of Indian Muslims, said it will undertake the cause of waqf properties. In its recent executive committee meeting held in New Delhi, the Board said it will protect the Waqf (Amendment) Act 2013 tooth and nail as it was enacted with the wider consultation of the community organisations.
Dr S Q R Ilyas, Executive Committee member of AIMPLB said the meeting deliberated upon various issues related to waqf in the country and decided to play pro-active role in safeguarding the waqf properties. The meeting also took serious note of the petition filed in the Gujarat High Court, challenging the stay order of the court on the sale of 26 waqf properties, Dr Ilyas told Radiance Viewsweekly.
It is to recall that in February 2016 the Gujarat High Court stayed the sale of 26 properties belonging to Chokan Shah Peer-ni-Dargah in Vadodara and ordered to maintain the property “as it is till further order”.
The petition is filed challenging the GHC, arguing that Trust Act also be applied on the waqf properties and the Board chairman should be given the powers that of a charity commissioner.
Dr Ilyas said the application on behalf of the new trustees seeking permission for sale of the waqf properties is being argued by the former Gujarat Attorney General, who is also a known RSS man. Considering the critical nature of the case, AIMPLB has decided to intervene in the matter as it poses grave threat to the existence of the present Waqf Act, Dr Ilyas said.
The Waqf (Amendment) Act, 2013 was passed by the central government on November 1, 2013. The new Act completely prohibits the sale of waqf properties. According to case details, the Waqf Board first illegally changed the trustees and appointed Khairunnisa and her son Azhar Shafiq as new trustees of Chokan Shah Peer-ni-Dargah. The new trustees on June 19, 2013, submitted an application to the Wakf Board, seeking permission for sale of the property.
It is also to be noted that since the advent of the present government in 2014, several changes were made in the rules of the Waqf Act, which is considered to be harmful to the Waqf properties.
Former Minister for Minority Affairs and crusader for the cause of Auqaf, K Rehman Khan said it is a matter of grave concern; some negative changes were brought in the rules of Waqf Act. During his time when he was Minister for Minority Affairs, the Waqf Act was enacted.
I welcome the initiative is undertaken by AIMPLB to safeguard the waqf properties spread across the country as it is a pan-India organisation which has a wider appeal in the community, Khan said while speaking with Radiance Viewsweekly.
There are only two main issues related to waqfs. One is to protect it from encroachment as 90 per cent properties have been under illegal possessions and the second one is development of waqf properties which are financially viable, he said.
The Joint Parliamentary Committee on Waqf and the Sachar Committee had suggested developing such properties. According to these suggestions, we have established National Waqf Development Corporation Limited (NAWADCO) but it is now on the death bed, he said
We have also inserted a provision in the Waqf Act for leasing waqf properties with a 5 per cent return value.
But under the present regime, first my immediate successor Dr Najma Heptulla slashed the return value from 5 per cent to 2.5 per cent then the incumbent minister further reduced it to only one per cent.
You won’t find such bizarre examples in any part of the world. They (the ministry) also removed the clause of prohibiting hereditary right in leasing the waqf property. They have brought in changes in rules of waqf which are harmful and detrimental to the interest of waqf properties, the former minister warned.
The amended Waqf Act made State Waqf Boards as statutory and autonomous bodiefs but no state government is allowing them to function independently. Although it is an elected body yet by nominating members of its choice the state government is killing Waqf Board’s autonomous character.
In spite of an effective waqf law, the waqf administration in the entire country is in shambles, said Khan and stressed the need of bringing changes in the constitution of the Waqf Board and its administration with an independent chief executive officer.
When asked about the illegal sale of waqf properties in Gujarat, Union Minister for Minority Affairs Mukhtar Abbas Naqvi feigned ignorance about it. He told Radiance Viewsweekly that ‘it is a matter related to the State Waqf Board and provide me details about this.’ However, he was not forthcoming on other issues particularly about the changes made in the rules of Waqf Act.
He said that about 6,64,000 registered waqf properties are spread across the country and encroachment of Wakf property will henceforth be a cognizable offence, and in case of any such dispute, an FIR must be registered by the police.
After the Indian Railways, it is estimated that waqf boards in India hold the largest Waqf land in the world. As per estimation by Sachar Committee Report, 2006, there are about 4.9 lakh registered Waqf properties comprising about 6 lakh acres of land, approximate market value of these properties is Rs. 1.2 lakh crore. Since most of these properties are situated at prime urban locations, they have the potential of generating an annual income of Rs.12,000 crore, considering only 10% return on market value, if these properties are managed and developed properly.
Yet Auqaf yield only about 1.63 billion rupees now because of encroachments and poor management as several state boards have been accused in recent years of selling waqf land to developers and private buyers for low rates in return for illegal kickbacks as demand for land soars.
There are several prime location properties in major cities like Bangalore, New Delhi, Mumbai and Hyderabad, Kolkata and other places where waqf properties were illegally occupied. For example, in Kolkata, the offices of liquor company Shaw Wallace near Writers Building, Gulf Club at Tollygunge, Martin Burn at Ballygunge, etc. were all in their adverse possession.
It is unfortunate that there is no awareness about the importance of waqf properties in the community which can be used to end the plight of the poor in the community, said Rehman Khan, adding that it is the responsibility of the community to protect the waqfs as the Supreme Court held that once a waqf always a waqf.
The Waqf Act, which replaced the 1995 Waqf Act, also empowered the Central Waqf Council, making it a directive body from the advisory one. Despite this, it did not issue any directive to state waqf boards which are failing in its duties, Rehman Khan said.
He also pointed out that the then UPA government cleared the bill for bringing waqf properties at par with public properties for removing illegal possession under rent control act but it has been languishing in files for the last seven years.
Vast Waqf land or money incurred through rents could be utilised in the educational and other developments of the community but this seems to be a distant dream because of a host of factors, including corruption and political interference.
However, former CWC Secretary Qaiser Shameem, who piloted the Waqf digitisation scheme in 2010, said no government is sincere about the protection of waqf properties. He is also critical of Muslim ministers, alleging that they were also blamed for the mess and loot of waqf properties.