The Delhi High Court has allowed the Central Government to carry out inspection of 123 properties that Delhi Waqf Board claims to have vested in the Board under Section 32 of the Waqf Act, 1995.

The bench of Justice Manoj Kumar Ohri on April 26 directed that Centre may act upon its letter to carry out the inspection while ensuring minimal disruption in the day-to-day administration of the properties.

The Court was dealing with the plea filed by Delhi Waqf Board against the Centre’s decision to absolve the Delhi Waqf Board from all matters related to the 123 properties.

Senior Advocate Rahul Mehra appeared for Delhi Waqf Board and ASG Chetan Sharma appeared for Respondent.

The Court said that the petitioner’s application for interim relief of stay would be kept pending for disposal after the completion of pleadings in the matter.

“In view thereof, 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 applications filed by the petitioners for interim directions, are kept pending for disposal after the completion of pleadings”, the Court held.

Earlier, Centre had filed a short affidavit putting out their contentions to oppose the grant of interim relief to the petitioners and asserted its right to inspect the subject properties.

“Though the matter was heard in some detail however, the issue at hand being one that is dated back to the year 1911, it would be appropriate that a detailed counter affidavit is called for by the respondent and petitioners be given an opportunity 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”, the Court said.

Cause Title- Delhi Waqf Board v. Union of India

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Delhi High CourtJustice Manoj Kumar Ohri

Ashish Shaji