Delhi High Court - Orders
Mohd Shakeel vs Delhi Development Authority & Ors on 11 August, 2021
Author: Najmi Waziri
Bench: Najmi Waziri
$~50 (1)
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 7294/2021, CM APPL. 22967/2021 & CM APPL.
23220/2021
MOHD SHAKEEL ..... Petitioner
Through: Mr. Syed Hasan Isfahani, Adv.
versus
DELHI DEVELOPMENT AUTHORITY & ORS. ..... Respondents
Through: Mr. Dhanesh Relan, SC for DDA.
Mr. Wajeeh Shafiq, SC for Delhi
Waqf Board with Ms. Ramsha Shan,
Adv.
Mr. Naushad Ahmed Khan, ASC for
GNCTD.
CORAM:
HON'BLE MR. JUSTICE NAJMI WAZIRI
ORDER
% 11.08.2021 The hearing has been conducted through video conferencing.
1. The learned ASC for the GNCTD submits that the learned Waqf Tribunal has been reconstituted by way of a notification dated 04.08.2021 and it is likely to start functioning, shortly.
2. As noted in the order dated 30.07.2021, the learned Standing Counsel for the Delhi Development Authority ('DDA') had submitted that the unauthorised occupants were removed in terms of the directions in W.P. (C) 7955/2015. However, it is submitted on behalf of the Delhi Waqf Board that the said removal of the so-called unauthorised occupants was only with the assistance of the DDA, and the said Signature Not Verified Digitally signed By:KAMLESH KUMAR Signing Date:13.08.2021 18:13:36 exercise would not confer any right upon the DDA.
3. The Division Bench of this Court in its order dated 25.09.2018 in W.P. (C) 7955/2015 had recorded inter alia as under:
"...
4. We also note that this Court on January 17, 2018 had inter alia directed in para 11 of order that the costs which have been undertaken by the statutory and public authorities towards removal of the encroachments and rehabilitation of the encroachers, would require to be compensated by the Delhi Waqf Board, and for which purpose the enquiry was directed to be undertaken by Mr. Dinesh Kumar Sharma, Registrar General of this Court.
5. Suffice it to state, the matter was being listed before Mr. Dinesh Kumar Sharma, Registrar General on different dates. On September 17, 2018, it has been adjourned to October 08, 2018.
CM Nos. 18595-18596/2017, CM No.22675/2017 (for modification) and CM No. 22676/2017 (for direction) In view of our order above, that the demolition having been effected, no orders are required to be passed in the writ petition, these applications are closed. If a party has any issue/ dispute/ claim. against any third party, the said party can workout its remedy in accordance with law.
The date of hearing before the learned Registrar General of 8th October, 2018 stands cancelled."
4. From the above, it is clear that the right of the Delhi Waqf Board is recognized. Any party which may have a dispute/claim against any 3rd-party, it could take recourse to remedies, as may be available in Signature Not Verified Digitally signed By:KAMLESH KUMAR Signing Date:13.08.2021 18:13:36 law. The petitioner seeks to pursue his remedies before the learned Waqf Tribunal, where his suit is pending.
5. The court is informed that ordinarily the Waqf Tribunal assembles on only two days a week; that leaned counsel for the Delhi Waqf Board says that in the prevailing pandemic blighted circumstances, it is not certain if hearings will take place, since the normal functioning of Courts is already curtailed.
6. In the circumstances, let DDA stay its hands till such time that the application of the petitioner under Order 39 Rule 1 and 2 is taken up for hearing by the Waqf Tribunal. While balancing the equities, it will be only fair to expect that the petitioner shall not carry out any constructions in the suit property till then.
7. Nothing in this order shall be deemed to be an observation on the merits of the matter.
8. The Court is informed that in the past 5 years the learned Waqf Tribunal has remained non-functional for quite some months due to lack of quorum. This obviously effects the rights of litigants apropos waqf properties. They cannot be left remediless. The non-availability of quorum for redressal of grievances is denial of fundamental rights of citizens.
9. In the circumstances, the Divisional Commissioner, GNCTD, shall take appropriate measures for re-constitution of the learned Waqf Tribunal, not later than 2 weeks from the date vacancy arises and comes to the notice of the State Government.
10. The petition, along with pending applications, is disposed-off in terms of the above.
Signature Not Verified Digitally signed By:KAMLESH KUMAR Signing Date:13.08.2021 18:13:3611. The order be uploaded on the website forthwith.
NAJMI WAZIRI, J AUGUST 11, 2021 AB Signature Not Verified Digitally signed By:KAMLESH KUMAR Signing Date:13.08.2021 18:13:36