New Delhi. IVHP (Indraprastha Vishva Hindu Parishad), Delhi state unit of VHP had saved 123 prime land properties situated in various parts of the strategic locations in the national capital Delhi. ‘It’s our pleasure to say that after a long legal battle of some 40 years, we have saved 123 such properties valuing around 20,000 crores from going to the illegal occupation of Delhi Waqf Board (DWB)’, Alok Kumar, the Central working president of VHP said.
Detailing about the case, he said that in an around the year 1910 the Government of India acquired vast properties in Delhi for the new Capital of India. The acquisition was completed and the properties vested in the Government.
In the late 70s the Delhi Waqf Board notified 123 of the acquired properties, several of them strategically located, as Waqf properties. The Government contested the claim in all 123 cases.
Strangely, the Government at the instance of Shri Fakhruddin Ali Ahmed, then Union Minister for Waqf and Housing decided to gift away these 123 properties to the Delhi Waqf Board on perpetual lease at the rent of Re. 1.00 per acre per annum. This Order was passed on 27.03.1984.
Acting quickly to save them, the Indraprastha Vishva Hindu Parishad challenged the said notification in the High Court of Delhi by W.P.(Civil) 1512 of 1984. The Hon’ble High Court in the very first hearing granted an ex-parte injunction on the proposed transfers.
The Writ petition was disposed of by High Court on 12.1.2011 directing the Union of India to have a fresh look at the matter and take a decision within 6 months. The High Court further directed that till then the interim order passed by the High Court on 1.6.1984 would remain in force.
The Government took no decision in the matter. It was surprising to note that the Manmohan Singh Government, instead of examining the matter afresh, withdrew the acquisition proceedings that had been completed more than a 100 years ago. This was done by notification of 05.03.2014. It was pertinent to note that the notification was issued only a few hours before the Election Commission notification for the general elections of the Lok Sabha.
The VHP complaint it before the Chief Election Commissioner, for violation of the Model Code of Conduct and the IVHP challenged this notification by WP (C) No.2901/2014 in the High Court of Delhi. The Government could not defend its action and made a statement that the Writ Petition filed by Indraprastha Vishva Hindu Parishad would be treated as representation and an appropriate decision will be taken at the earliest.
The Government appointed a Two Members Committee headed by Justice S. K. Garg (Retd.) to examine the matter. The Committee sent several notices to Delhi Waqf Board. The Board did not appear. It filed no claims. Thus, the Committee had to conclude that the DWB claim has not been substantiated.
The Government of India has accepted the decision of Two-Member Committee and thus the said 123 properties continue to vest in the Government and shall not be transferred to DWB.
The IVHP congratulates the people of Delhi that the said 123 public properties, many of them strategically located have been saved from going to DWB.