Illegal occupation of wakf property in Assam; Board issues notice to 638 persons

As many as 317 bighas of wakf property in Assam is under illegal occupation.
Illegal occupation of wakf property in Assam; Board issues notice to 638 persons

STAFF REPORTER

GUWAHATI: As many as 317 bighas of wakf property in Assam is under illegal occupation. The Assam Wakf Board has washed its hands just by issuing notices to 638 illegal occupants. The State Wakf Tribunal is no less than a white elephant.

There is something seriously amiss in the management of Wakf property in the prime locations in Assam, including Guwahati. The illegal occupants of wakf property in Assam pay rentals fixed some 40/50 years back.

The Government of India amended the Wakf Act in 2013. The Wakf (Amended) Act, 2013 has empowered the state wakf boards and wakf tribunals to act against illegal occupants. The boards can move the deputy commissioners seeking eviction of the illegal occupants. And the DCs can evict them.

The amended Act has also given powers to the wakf tribunals to dispose of a case within six months. Civil courts have no role in settling disputes over wakf property.

However, the Assam government has not yet implemented the amended Wakf Act. To implement the amended Act, the State Government has to frame necessary rules to implement the Act.

According to official sources, a lobby has been working overtime to impede the amended Wakf Act in the State. The lobby comprises mostly illegal occupants of wakf property. Some of them then moved civil courts against the notices issued to them by the Wakf Board. The issue of remaining sub judice is also an impediment in the eviction of the illegal occupants.

Had the State Wakf Tribunal been active, civil courts would not have any role to play here.

According to official sources, since 2017, the government is running the State Wakf Board. The government has not appointed any representatives from the community to run the board.

Even though the Wakf Board has issued notices to 638 illegal occupants their number is even more.

A committee formed by the State Assembly in 2015 did recommend a survey of wakf property in the state, besides taking steps to evict them. The House committee said that there had been no survey of state wakf property since 1957, and a proper survey would disclose the exact number of illegal occupants.

Sources said that wakf boards in other states established schools, hospitals, hostels etc., for the poor; whereas in Assam, such property has either been illegally occupied or misused.

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