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1. "Save valuable Wakf lands from being sold for a song" is a cry in anguish from Mirza Yaseen All Baig who has filed W.P. No. 21854 of 2005 in public interest to have G.O. Ms. No. 22, Minorities Welfare (Wakf.I) Department, dated 18.10.2004, quashed. He also seeks to have the sale deeds, executed in favour of respondents 6 to 11 pursuant to G.O. Ms. No. 22 dated 18.10.2004, set aside contending that crores of rupees worth Wakf property had been alienated to them for a pittance.

2. The petitioner's case, in short, is that the Government Qazi had sought pemiission for sale of Wakf lands admeasuring Ac.39.16 cts on the specious plea of safeguarding it from illegal encroachment, that while these Wakf lands would have fetched between 30 to 40 lakhs per acre the sale consideration was fixed at an abysmally low price of Rs. 6 lakhs per acre and that G.O. Ms. No. 22, dated 18.10.2004 was issued by the Government according sanction for its sale to respondents 6 to 11 though Wakf lands could be sold only by way of public auction after following the procedure prescribed under Section 51 of the Wakf Act. Petitioner would contend that the impugned G.O. was not only malicious, as it was taken with a view to favour respondents 6 to 11, but was also detrimental to the interest of the public as well as to the Wakf.

12. Section 51 of the Act reads as under:

51. Alienation of Wakf property without sanction of Board to be void.-(1) Notwithstanding anything contained in the wakf deed, any gift, sale or exchange, mortgage of any immovable property which is wakf property, shall be void unless such gift, sale, exchange or mortgage is effected with the prior sanction of the Board:
Provided that no mosque, dargah or khangah shall be gifted, sold, exchanged or mortgaged except in accordance with any law for the time being in force.
Conditions and restrictions subject to which the Board may transfer, purchase or alienate Wakf property under Sections 51 and 53 of the Act: (1) Any purchase, sale, exchange or transfer of Wakf property by the Board shall be subject to prior approval of the State Government and adherence to the directions issued under Section 97 of the Act:
Provided that the sale of any property sanctioned by the Board with prior approval of Government shall be effected by public confirmation by Board within one month from the date of auction;

23. The wakf Act 1995, has been enacted by Parliament to provide for the better administration of wakfs and for matters connected therewith or incidental thereto. Under Section 13(1) of the Act, the State Government is empowered, by a notification in the Official Gazette, to establish a Board of Wakfs. Section 32 relates to the powers and functions of such a Board and, under Sub-section (1) thereof, the general superintendence of all wakfs in the State vest with the Board and it shall be the duty of the Board to exercise its powers under the Act to ensure that the wakfs, under its superintendence, are properly maintained, controlled and administered. Under the proviso to Section 32(1) the Board, while exercising its powers under the Act in respect of any wakf, is required to act in conformity with the directions of the Wakf, the purposes of the wakf and any usage or custom of the Wakf sanctioned by the school of Muslim law to which the wakf belongs. Section 32(2)(b) requires the Board to ensure that the income and other property of the wakf is applied to the objects and for the purposes for which such wakf was intended or created. Section 33 confers powers of inspection on the Chief Executive Officer and, under Section 34, where a mutawalli or any other person, who has been ordered to restore possession of wakf property, fails to so restore, the Chief Executive Officer, with the prior approval of the Board, is empowered to take steps for recovery of possession of the property as also to send a certificate to the Collector of the District who is required to take necessary steps for such recovery. Section 35(1) empowers the Chief Executive Officer of the Board to apply to the Tribunal for conditional attachment of the property if he is satisfied that the person who has been ordered to restore the property is about to dispose of the property with the intention of defeating its execution. Sub-section (4) empowers the Tribunal to direct conditional attachment of the whole or any portion of the property. Section 36 relates to registration of wakfs and, under Sub-section (1), every wakf, whether created before or after commencement of the Act, shall be registered at the office of the Board. Under Section 37(d), the Board shall maintain a register of wakfs which shall contain particulars of the property of the wakfs and the title deeds and documents relating thereto. Under Section 40(1), the Board is empowered to collect information regarding any property, which it has reason to believe to be wakf property, and if any question arises whether a particular property is wakf property or not, the Board may, after making such inquiry as it may deem fit, decide the question. Under Sub-section (2) the decision of the Board, on a question under Sub-section (1) shall, unless revoked or modified by the Tribunal, be final. Section 44 requires every mutawalli of a wakf to prepare a budget and such budget is required to make adequate provisions, under Sub-section (2)(ii), for the maintenance and preservation of wakf property. Under Section 51 alienation of wakf property without sanction of the Board is void. Section 52 empowers the Board to recover wakf property transferred in contravention of Section 51. Section 54 empowers the Chief Executive Officer to remove encroachments from wakf property. Section 55 relates to enforcement of orders made under Section 54 and Section 56 restricts the power of the Board to grant lease of wakf property. Under Section 61(1)(d) and (e), if a mutawalli fails to allow inspection of wakf properties, accounts, records or deeds and documents relating thereto or to deliver possession of any wakf property, if ordered by the Board or the Tribunal, he is liable to be punished with imposition of fine which may extend to Rs. 8,000/-. Section 96 confers powers on the Central Government to regulate the secular activities of wakfs. Under Section 107, nothing contained in the Limitation Act shall apply to any suit for possession of immovable property comprised in any wakf or for possession of any interest in such property and, as a result, possession of immovable wakf property can be recovered at any time.