54. Conducting of inquiry on encroachment of waqf property.
(1)In cases relating to encroachment of waqf property, the Chief Executive Officer may call upon the parties to appear in person on specified date and time to put up their respective claims in regard to encroachment over the property in dispute.(2)Where any person who has received notice under Rule 53, desires to be heard in person or through his representative, the Chief Executive Officer shall authorise such hearing in writing and the party may be authorised to produce evidence which he intend to produce in support of the cause shown and the Chief Executive Officer shall fix a date for personal hearing and scrutiny of evidence as he considers appropriate in each case.(3)The Chief Executive Officer may hear the parties, receive all such evidence as may be produced by them, take such further evidence, if any, as he thinks necessary in the facts and circumstances of each case, record summary of the evidence tendered before him and the summary of such evidence and any relevant documents filed before him shall form part of the records of the proceeding.(4)The records of enquiry in every case shall include -(a)a minute of the proceedings;(b)notice calling for objections and objection received at the inquiry;(c)evidence received at the inquiry; and(d)a brief record of reasons and the decision.(5)Nothing shall preclude the Chief Executive Officer to listen to any party or required to attend any other person interested to make statement regarding the subject matter in dispute.(6)After hearing the parties, perusing the objections and going through the evidence, if Chief Executive Officer is satisfied that the property in question is waqf property and there has been an encroachment on any such waqf property, he may by an order in Form 25, require the encroacher to remove such encroachment and deliver possession of the land, building, space or other property encroached upon to the Board or a mutawalli of the Board.(7)When any party to any such proceeding dies, the Chief Executive Officer may cause the legal representatives of the deceased party to be made a party to the proceedings and shall thereupon continue the inquiry and if any question arises as to who shall be the legal representatives of a deceased party for the purpose of such proceedings, then all the persons claiming to be representatives of the deceased party shall be made parties.(8)If the waqf property is not vacated within fifteen days of the receipt of the order under sub-rule (6), the Chief Executive Officer may make an application before the Tribunal for grant of order of eviction under sub-section (3) of Section 54 of the Act for removing such encroachment and deliver possession of the waqf property to the Board or the mutawalli.(9)The Tribunal, after giving an opportunity of being heard, to the person against whom application has been made, pass order of eviction and cause a copy of the order of eviction to be pasted on the waqf property.(10)If any person fails to comply with the order of eviction passed by the Tribunal within forty-five days of the service of the order, the Chief Executive Officer shall refer the matter, in Form 26, to the Executive Magistrate of the area.
