Staff Reporter
Guwahati: The Gauhati High Court disposed of a PIL related to waqf properties by directing the petitioner to submit a representation to the state government with details of waqf properties encroached on and steps to be taken to free these from encroachment.
The HC was hearing a PIL related to waqf properties in the state. The petitioner had filed an application before the Waqf Board of Assam under the Right to Information Act (RTI) to determine how many waqf properties were under encroachment and how many were being used for non-waqf activities. According to Muslim law, a waqf property can be used only for purposes that are pious, religious, or charitable.
During the hearing, the chief executive officer of the Waqf Board and the Welfare of Minorities and Development department submitted before the HC that only a few Waqf properties were encroached upon.
Talking to the media, advocate A R Bhuyan stated that the court examined all aspects of the case and directed the petitioner to submit a representation to the state government with details of the waqf properties that were under encroachment and the steps, within the legal framework, that can be taken to rid the said properties from encroachment. Section 54 of the Waqf Act provides guidelines for removing encroachments from waqf property and the Assam government can take up steps to free encroached waqf lands within the legal framework, he quoted the HC saying.
The Chief Executive Officer (CEO) of the Waqf Board is empowered to remove encroachments from waqf property, according to Section 54 of the Waqf Act.
According to the Waqf Act of 1995, waqf means the permanent dedication by a person professing Islam, of any movable or immovable property for any purpose recognized by Muslim law as pious, religious, or charitable. A 'waqf' may be made in writing, or the dedication may be oral.
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