Delhi HC Refuses to Interfere with Centre’s Decision on Allotment of ‘Waqf Graveyard’ to ITBP

Khushi Doshi

Published on: April 22, 2022 at IST

The Delhi High Court declined to intervene in the Centre’s decision to Lease a Graveyard claimed by the Delhi Waqf Board to the Indo Tibetan Border Police (ITBP), stating that graves are frequently transferred when they hinder development activity.

Acting Chief Justice Vipin Sanghi and Justice Navin Chawla stated they are not inclined to overturn the Single Judge’s Decision to deny the Delhi Waqf Board Temporary Relief of stay in connection to the building activities on the property, noting that the Board’s Rights have been respected.

While hearing the Board’s Petition against the Centre’s Decision to reconsider the delisting of 123 Waqf properties on March 9, the single judge concluded that there is no reason to grant a stay, noting that the property was allotted to the ITBP sometime in 2017 and that if the board prevails in the current proceedings, the allotment can be cancelled.

The Court stated, “It is fairly unusual for graves to be relocated when they create any obstacle in development work.” The Court also requested that the board argue and seek relief in their Case before the single Judge.

The Delhi Waqf Board had argued before the single Judge that once its properties were delisted in 2014, there was no mechanism in the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation, and Resettlement Act, 2013, for recalling the decision of withdrawal from the acquisition.

The two-member group is the second such body created by the Centre to re-examine the status of the 123 properties, according to the Petition.

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