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[Cites 0, Cited by 9] [Section 51] [Entire Act]

Union of India - Subsection

Section 51(1A) in The Wakf Act, 1995

(1A)Any sale, gift, exchange, mortgage or transfer of waqf property shall be void ab initio:Provided that in case the Board is satisfied that any waqf property may be developed for the purposes of the Act, it may, after recording reasons in writing, take up the development of such property through such agency and in such manner as the Board may determine and move a resolution containing recommendation of development of such waqf property, which shall be passed by a majority of two-thirds of the total membership of the Board:Provided further that nothing contained in this sub-section shall affect any acquisition of waqf properties for a public purpose under the Land Acquisition Act, 1894 (1 of 1894) or any other law relating to acquisition of land if such acquisition is made in consultation with the Board:Provided also that—
(a)the acquisition shall not be in contravention of the Places of Public Worship (Special Provisions) Act, 1991 (42 of 1991);
(b)the purpose for which the land is being acquired shall be undisputedly for a public purpose;
(c)no alternative land is available which shall be considered as more or less suitable for that purpose; and
(d)to safeguard adequately the interest and objective of the waqf, the compensation shall be at the prevailing market value or a suitable land with reasonable solatium in lieu of the acquired property.
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