Delhi HC Directs Government to Respond to Plea for Reconstitution of Waqf Tribunal

Delhi High Court seeks Delhi government's response on a plea to reconstitute the Waqf Tribunal, which deals with disputes related to Islamic endowment properties (waqf). The plea alleges that the tribunal has been non-functional since April 2022 due to lack of proper notification and that the government has not taken appropriate action to appoint members. The court seeks government's clarification on the matter and schedules a further hearing for later this month.

The Delhi High Court on Monday sought the response of the Delhi government on a plea seeking reconstitution of the Waqf Tribunal which deals with matters involving waqf properties including tenancy disputes.

Justice Subramonium Prasad issued notice to the Delhi government on the petition filed by 'Masjid and Dargah Shah Abdul Salam', which is a duly notified waqf, an Islamic endowment property to be held in trust and used for a charitable or religious purpose, and asked the authorities to file their replies.

The court listed the matter for further hearing later this month.

The petitioner, represented by advocates Mudassar Jahan Faridi and Wajeeh Shafiq, said the tribunal last functioned on April 20, 2022 after which a member of the state judicial service was transferred from the panel to a court and his place was taken by another additional district judge (ADJ).

"However, the respondent no. 1's (Delhi government) apathy is manifest from the fact that the government did not issue the requisite notification under Section 83(1) of the Waqf Act, 1995. Consequently, the Waqf Tribunal continued to suffer from the defect, that is, absence of notification," the plea said.

As per section 83(4) of the Act, the tribunal shall comprise 3 members including a chairperson who shall be a member of the state judicial service holding a rank not below that of a district, sessions or civil judge class I.

It said the Delhi government also needs to notify afresh the other two members of the Waqf Tribunal as by the time the notification for the chairperson is issued the other two members will reach the terminal point of their deputation.

The plea said the government's failure to issue the requisite notification not only contributed to increased pendency of matters before the tribunal but also resulted in increased burden on the high court as litigants seeking urgent interim relief approached the court.

The petitioner said it was party to various litigations before the tribunal involving portions of the waqf premises, and for want of the notification, the trial of all matters has abruptly come to a grinding halt.

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