The order was passed in a plea moved by the Delhi Waqf Board against a February 8 letter issued by the Land and Development Office, Minister of Housing and Urban Affairs “absolving” it from all matters pertaining to the 123 properties. The Delhi High Court has said that the Centre may inspect the 123 properties, the possession of which has been claimed by the Delhi Waqf Board, while ensuring minimal disruption in their day-to-day administration by the board.
A single-judge bench of Justice Manoj Kumar Ohri, in its April 26 order, said, “Pending a final decision in the present petition, respondent may act upon its letter dated 08.02.2023 to carry out the inspection while ensuring minimal disruption in the day-to-day administration of the subject properties by the petitioners. CM (civil miscellaneous) applications filed by the petitioners for interim directions, are kept pending for disposal after the completion of pleadings. Reply, if any, be filed before the next date of hearing.” Issuing notice in the plea, the high court listed the matter on November 6. The order was passed in a plea moved by the Delhi Waqf Board against a February 8 letter issued by the Land and Development Office, Minister of Housing and Urban Affairs “absolving” it from all matters pertaining to the 123 properties. The high court took note of the Centre’s stand that at present, it was confining its request only to the physical inspection of the properties in question. The Centre said the letter was issued with the intent of inspecting the subject properties and placing all the relevant material before the competent authority to take an appropriate decision in the matter. “This stand is stated to be without prejudice to respondent’s contentions about having the title and ownership of the subject properties,” the court noted.
“On a specific query put by the court to the learned counsel for the petitioners, it was confirmed that physical site inspection of the subject properties was carried out even in the past in the year 1983,” the order stated. The high court further noted that although the plea had been heard in detail, since the issue dates back to 1911, it would be appropriate that the Centre calls for a detailed counter affidavit, and the board is allowed to meet the contentions by filing a rejoinder. “This calls for a more detailed hearing as the issues at hand involve complex facts and legally nuanced arguments advanced by the parties,” Justice Ohri said. The Centre, in its affidavit filed in the matter, had said these properties were subject to land acquisition proceedings between 1911 and 1914 and were acquired, compensation was paid, possession was taken and “mutation” was carried out in the government’s favour.
