Plea Filed in Apex Court Seeking Direction to Complete Survey of Wakf Estates Properties Court Adjourns Plea
(Judicial Quest News Network)
A writ petition filed in Apex Court seeking a direction to the State Wakf Board as well as State Governments to Immediately complete the survey contemplated under Section 4(1A) of the Wakf Act, 1995 (“ACT”) of properties in several Wakf Estates situated in various states.
A Bench of Justices DY Chandrachud, Vikram Nath and Hima Kohli adjourn the case.
The petitioner pointed out that it is in the interest of all persons interested in Waqf Estates as also for the protection and preservation of all properties belonging to Waqfs, that Section 4(1A) of the Waqf Act, 1995 be followed in letter and spirit and that necessary directions be passed by this Hon’ble Court to ensure that the Survey, as contemplated, be now completed within a period of six months or as this Hon’ble Court may be pleased to direct.
The Petitioner also wrote to various Waqf Boards throughout India, seeking information regarding the number of Shia Waqfs and number of Sunni Waqfs and also the values of the properties attached to particular Shia and Sunni Waqfs in the respective States. Replies were received from some of the Waqf Boards indicating that they would not be in a position to give the value of the properties attached to various Waqf Boards. It is stated that value of properties in various Waqf Estates is required, by statute, to be ascertained and also form part of the records of the various Waqf Boards.
The petitioner has also submitted the date and value of the Wakf Properties It has been learnt that the Wakf Board of West Bengal calculated that the value of Shia Wakf Properties [38 in number] is approximately Rs.5424,46,80,000.00 (i.e. more than five thousand crores) and value of Sunni Wakf Properties is approximately Rs.13126,45,84,000.00 (i.e. more than thirteen thousand crores) [6876 in number]. The Wakf Board of Tamil Nadu has valued Shia Wakf properties to be Rs. 688 crores (48 properties in number) and Sunni Wakf properties to be Rs. 99311 crores (6922 properties in number).
The petition file through Advocates Rauf Rahim and Ali Ashhar Rahim.
They were required to coordinate with the Survey Commissioners from the date of commencement of the Amending Act i.e., 01.11.2013. The petitioners state that such non-compliance is deliberate and for apparent oblique motive. It is stated that it was the primary duty for appointment of Survey Commissioners by way of Notification as contemplated u/s 4(1) of the Unamended Act and only because such survey, as contemplated, was not conducted, that a need was felt to insert Section 4(1-A) by way of the Amending Act. The proviso to the aforesaid Section brings out the true purpose of the need for such insertion.
It is also argued in the plea that there being no proper list. Disputes in relation to a property being waqf or not have arisen and were pending due to lack of Survey Report.
The Petitioners further states that for want of a proper Survey Report there would be multiplicity of proceedings resulting in loss to various Waqf Estates defeating the purpose of the Act and the intentions of thousands of Waqifs.
The Petitioner states that accounts of the respective Waqf Boards are required to be maintained in such form and manner as are to be provided by Regulation [Section 79 of the 1995 Act]. Such books of accounts are also required to be audited by an Auditor appointed by the State Government, such State Government to pass orders on the aforesaid Auditor’s Report [Section 80 and 81 of the 1995 Act].
The Apex Court on October 28,2020, had directed all the State Governments to file their counter-affidavits within period of four weeks which had to be indicate the nature of the surveys, if any, that have been conducted by the State Government in pursuance of the provisions of Section 4(1-A) of the WaqfAct, as amended by Act 27 of 2013.
