Highlights – 

  • In the year 1995, the Congress government of PV Narasimha Rao amended the Waqf Act 1954.
  • Section 85 of the Waqf Act states that the decision of the Tribunal cannot be challenged in the High Court or even in the Supreme Court.

These days the Waqf Board is in a lot of discussion across the country. The Anti-Corruption Branch of the Delhi Government has recently arrested Aam Aadmi Party MLA Amanatullah Khan from Okhla in connection with the scam related to the Waqf Board. On the other hand, about 90 percent of the land in a Hindu-dominated village in Tamil Nadu has been declared as Waqf property, which also has a 1500-year-old temple. Imagine, Waqf has claimed its ownership even on the temple before the arrival of Islam in the world! Terming such controversial activities of the Waqf Board and the privileges given to it as unconstitutional, senior advocate Ashwini Upadhyay has approached the court. In such a situation, it is important to know what the Waqf Board is, what it does and what powers it has.

Waqf Board is in great discussion across the country. However, the increasing land of the Waqf Board is attracting the attention of the people at this time. First of all, know that Waqf Board has the highest land after Indian Army and Railways. That is, the Waqf Board is the third largest land owner in the country. According to the Waqf Management System of India, all the Waqf Boards in the country have a total of 8 lakh 54 thousand 509 properties which are spread over more than 8 lakh acres of land. The army has properties on about 18 lakh acres of land, while the movable and immovable properties of the railways are spread over about 12 lakh acres. Those who are going to know the figure now, they will be shocked. In the year 2009, the properties of the Waqf Board were spread over 4 lakh acres of land. It is clear that in the last 13 years, the properties of the Waqf Board have more than doubled. You also know that if the land does not expand, then the portion of the Waqf Board is such a large part of the land.

What does the Waqf Board Act say?

Advocate Ashwani Upadhyay told that wherever the Waqf Board encircles the graveyard across the country, the land around it also declares it as its property. Illegal shrines, new mosques are also getting flooded. These shrines and the surrounding lands are occupied by the Waqf Board. The Waqf Act of 1995 states that if the Waqf Board feels that any land is the property of a Waqf, then it is not its responsibility to prove that it is the real owner of the land, but to show how his land does not belong to the Waqf. The 1995 law definitely says that the Waqf Board cannot claim any private property, but how will it decide that the property is private? The answer has been given above. If the Waqf Board only feels that any property belongs to the Waqf, then it does not have to produce any documents or proofs, all the papers and proofs have to be given to the one who has been the claimant till now. Who does not know that many families do not have a solid land paper. The Waqf Board takes advantage of this because it does not have to give any paper to take possession.

What amendments did PV Narasimha Rao make in the Waqf Board Act?

Minority Commission’s lawyer Khurram told that in the year 1995, the Congress government of PV Narasimha Rao amended the Waqf Act 1954 and gave unlimited powers to the Waqf Board by adding new provisions. According to Section 3(r) of the Waqf Act 1995, any property which is deemed to be pak (holy), religious (religious) or charitable (charitable) according to Muslim law for any purpose, shall become the property of the waqf. Article 40 of the Waqf Act 1995 says that to whose land this land belongs, it will be decided by the Surveyor of Waqf and the Waqf Board. Actually, there is a surveyor of the Waqf Board. At the same time, it decides which property belongs to Waqf and which does not. There are three grounds for this determination. If someone transferred his property in the name of Waqf, if any Muslim or Muslim organization has been using the land for a long time or if the survey proved the land to be the property of Waqf. The big thing is that if your property is declared as Waqf property, then you cannot go to court against it. You will have to approach the Waqf Board itself. Waqf Board’s decision came against you, even then you cannot go to court. Then you can approach the Waqf Tribunal. Administrative officers are there in this tribunal. There may also be non-Muslims in it. However, depending on which party the state government belongs to, who will be in the tribunal. It is possible that in the tribunal too, all of them will be Muslims. Anyway, it is often the effort of the governments that the tribunal should be formed with as many Muslims as possible. Section 85 of the Waqf Act states that the decision of the Tribunal cannot be challenged in the High Court or even in the Supreme Court. Then you can approach the Waqf Tribunal. Administrative officers are there in this tribunal. There may also be non-Muslims in it. However, depending on which party the state government belongs to, who will be in the tribunal. It is possible that in the tribunal too, all of them will be Muslims. Anyway, it is often the effort of the governments that the tribunal should be formed with as many Muslims as possible. Section 85 of the Waqf Act states that the decision of the Tribunal cannot be challenged in the High Court or even in the Supreme Court. Then you can approach the Waqf Tribunal. Administrative officers are there in this tribunal. There may also be non-Muslims in it. However, depending on which party the state government belongs to, who will be in the tribunal. It is possible that in the tribunal too, all of them will be Muslims. Anyway, it is often the effort of the governments that the tribunal should be formed with as many Muslims as possible. Section 85 of the Waqf Act states that the decision of the Tribunal cannot be challenged in the High Court or even in the Supreme Court. Then you can approach the Waqf Tribunal. Administrative officers are there in this tribunal. There may also be non-Muslims in it. However, depending on which party the state government belongs to, who will be in the tribunal. It is possible that in the tribunal too, all of them will be Muslims. Anyway, it is often the effort of the governments that the tribunal should be formed with as many Muslims as possible. Section 85 of the Waqf Act states that the decision of the Tribunal cannot be challenged in the High Court or even in the Supreme Court. Anyway, it is often the effort of the governments that the tribunal should be formed with as many Muslims as possible. Section 85 of the Waqf Act states that the decision of the Tribunal cannot be challenged in the High Court or even in the Supreme Court. Anyway, it is often the effort of the governments that the tribunal should be formed with as many Muslims as possible. Section 85 of the Waqf Act states that the decision of the Tribunal cannot be challenged in the High Court or even in the Supreme Court.

Waqf Tribunal’s decision cannot be challenged in High Court and Supreme Court

Senior lawyer and BJP leader Ashwini Upadhyay says that the Waqf Board consists of a lawyer, an MLA, an MP, a town planner, an IS officer, a scholar, a mutawalli. The Waqf Act says that all these will be Muslims. Ashwani Upadhyay said that if the board says on any land that this land belongs to Waqf, then against its notice, not the court, but the Waqf Tribunal will have to be appealed. Imagine, the Waqf Board who made the wrong claim, the hearing of the complaint against him will also be done by the Extended Institution of the same. Ashwani Upadhyay said that if someone feels that the tribunal cannot be doubted, then why is there no similar law, similar tribunal for non-Muslims?

Advocate Ashwani Upadhyay said on which land the Waqf Board will issue the notice. It has no limit. Wherever he wants, he should declare that land as the property of Waqf and he who has land, he has to face unnecessary trouble. They allege that Waqf is taking advantage of this and making recovery. He from whom he has to collect, threatens him that his land will be declared as Waqf property. Out of fear, that person starts worshiping the Waqf officials and then is forced to accept arbitrary conditions. Upadhyay alleges that the Waqf Board is getting the poor converted by the misuse of its unlimited powers. He gives notices on people’s land in tribal areas and when a person is upset, he is told that if he converts to Islam, the land will be saved.

Ashwini Upadhyay has approached the court regarding these objections. He has filed a petition in the Delhi High Court. However, now he has appealed to the High Court to send the petition to the Supreme Court.

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