Guj govt, Waqf Board receive HC notice over sale of Waqf properties

Two separate PILs were filed by a body called 'Save Waqf Properties' seeking the court's intervention in the Board's functioning

The Gujarat High Court issued notices to the state government, Gujarat Waqf Board and the Central Waqf Council on a Public Interest Litigation (PIL) challenging the Board's "un-authorised and illegal" sale of Waqf properties.

Two separate PILs were filed by a body called 'Save Waqf Properties' seeking the court's intervention in carrying out investigations regarding the Board's functioning.  

In the second petition, objections were raised against the Board's members, who continue to hold positions even after their tenures ended on February 21 this year. The petitioner consequently sought the court's direction for appointing a new Board.

Both PILs are being heard by a two-member division bench comprising Chief Justice R Subhash Reddy and Justice V M Pancholi.

The petition alleged that the sale was "illegally perpetrated" as the amended Waqf Act of November 2013 prohibits the "gift(ing), sale, exchange or mortgage" of the Waqf properties.

However, AI Saiyed, the Board's Chairman, says he granted the sale without any objection from ithe CEO, Gulam Mustufa Khan.

In response to a query by the Central Waqf Council about the same, the Board said it granted permission to sell 26 properties, adding that the decision was taken before the notification came into effect.

"When the petitioner approached the state government in May this year, it said that the sale permission has been stalled, and action will be taken, but no action has been taken so far to protect illegally sold Waqf properties or to retrieve such properties," it said further while seeking an investigation into the matter by an independent agency. 

On the appointment of the Waqf Board, the second petition said the members of the Board "illegally continue to discharge powers, jurisdictions and functions as chairman and members of the board," despite the expiry of their term that lasts for five years.