NEW DELHI: The Delhi high court on Wednesday refused to interfere with the Centre’s decision on the allotment of a graveyard claimed by the Delhi Waqf Board to the Indo Tibetan Border Police (ITBP), saying that it is not uncommon for graves to be shifted when they cause any obstruction in development activity.
A bench comprising acting Chief Justice Vipin Sanghi and Justice Navin Chawla said it is not inclined to interfere with the single judge’s order declining to grant interim relief of stay to the Delhi Waqf Board in relation to the construction activity on the plot and noted that the rights of board have been protected.
On March 9, the single judge, while dealing with the board’s petition against the Centre’s decision to reconsider the delisting of 123 waqf properties, had concluded that there is no ground to grant a stay and observed that the property was allotted to the ITBP, sometime in 2017, and in casethe board succeeds in the present proceedings, the allotment can be cancelled.
“It is not uncommon for graves to be shifted when they cause any obstruction in development activity,” the court observed. The court further asked the board to argue and seek relief in relation to their case before the single judge himself.
Before the single judge, the Delhi Waqf Board had contended that once its properties have been delisted in 2014, under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, there is no provision under the law for recalling the order of withdrawal from acquisition.
The petition further said the two-member committee is the second such committee appointed by the Centre to re-examine the status of the 123 properties.
A bench comprising acting Chief Justice Vipin Sanghi and Justice Navin Chawla said it is not inclined to interfere with the single judge’s order declining to grant interim relief of stay to the Delhi Waqf Board in relation to the construction activity on the plot and noted that the rights of board have been protected.
On March 9, the single judge, while dealing with the board’s petition against the Centre’s decision to reconsider the delisting of 123 waqf properties, had concluded that there is no ground to grant a stay and observed that the property was allotted to the ITBP, sometime in 2017, and in casethe board succeeds in the present proceedings, the allotment can be cancelled.
“It is not uncommon for graves to be shifted when they cause any obstruction in development activity,” the court observed. The court further asked the board to argue and seek relief in relation to their case before the single judge himself.
Before the single judge, the Delhi Waqf Board had contended that once its properties have been delisted in 2014, under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, there is no provision under the law for recalling the order of withdrawal from acquisition.
The petition further said the two-member committee is the second such committee appointed by the Centre to re-examine the status of the 123 properties.