As per contain Section 32 of the Wakf Act,
1995, the
general superintendence of all the waqfs in a State
vests in the Board established by the State Government. According to the provision of Section 32, the
Board has to maintain a record containing information relating to origin,
income, object and beneficiaries of every waqf. Hence, it is the duty of the Board to
exercise its powers under this Act as to ensure that the waqf
under its superintendence are properly maintained, controlled, administered and
not encroached. Section 54 of the Wakf Act, 1995 provides for removal of
encroachment from waqf properties by the State Wakf
Boards. Therefore, the details of waqf properties under illegal occupation are with the State
Wakf Boards. However, the Ministry has
also been requesting the State/UT Wakf Boards from time to time to send the
details of the encroachments on waqf properties. A list
showing waqf properties encroached upon and under
litigation is –
Wakf Properties facing encroachment and
litigation under State Wakf Boards
As on 29/05/2013
|
Sr No
|
Name of Wakf
Boards
|
No. of Properties encroached by
Stat govt. or agencies
|
No. of properties encroached by
individuals/private organizations
|
No. of litigations
|
|
1
|
2
|
3
|
4
|
5
|
|
1.
|
A.P.
State Wakf
Board
|
|
|
|
|
2.
|
Assam
Board of Wakfs
|
Nil
|
1
|
3
|
|
3.
|
Bihar
State Sunni Wakf
Board
|
5
|
19
|
205
|
|
4.
|
Bihar
State Shia Wakf Board
|
Not Applicable
|
14
|
45
|
|
5.
|
Chhattisgarh
State Wakf Board
|
Not provided
|
114
|
114
|
|
6.
|
Gujarat
State Wakf Board
|
|
|
|
|
7.
|
Haryana Wakf Board
|
195
|
715
|
2116
|
|
8.
|
Himachal
Pradesh Wakf Board
|
47
|
288
|
207
|
|
9.
|
Jharkhand
State Sunni Wakf Board
|
Nil.
|
2
|
2
|
|
10.
|
Karnataka
State Board of Wakfs
|
15
|
717
|
2116
|
|
11.
|
Kerala Wakf Board
|
1
|
112
|
296
|
|
12.
|
Madhya
Pradesh Wakf Board
|
43
|
3240
|
4297
|
|
13.
|
Maharashtra
State Wakfs
Board
|
|
|
|
|
14.
|
Wakf Board
Manipur
|
Nil
|
Nil
|
N.A.
|
|
15.
|
Meghalaya
Wakf Board
|
Nil
|
2
|
2
|
|
16.
|
Odisha Board of
Wakfs
|
16
|
18
|
18
|
|
17.
|
Punjab Wakf Board
|
505
|
10864
|
1473
|
|
18.
|
Rajasthan
Board of Muslim Wakfs
|
63
|
185
|
3341
|
|
19.
|
Tamil
Nadu Wakf Board
|
Not provided.
|
886
|
48
|
|
20.
|
Tripura
Board of Wakfs
|
Nil
|
10
|
6
|
|
21.
|
U.P.
Sunni Central Board of Wakfs
|
|
|
|
|
22.
|
Shia Central
Board of Wakfs
|
|
|
|
|
23.
|
Uttarakhand Wakf Board
|
|
|
|
|
24.
|
Board of Wakfs West Bengal
|
|
|
|
|
25.
|
Andaman
Nicobar Island Wakf Board
|
1
|
2
|
1
|
|
26.
|
Chandigarh
Wakf Board
|
Nil
|
15
|
15
|
|
27.
|
Dadra
& Nagar Haveli Wakf Board
|
Nil
|
Nil
|
Nil
|
|
28.
|
Delhi Wakf Board
|
147
|
1100
|
990
|
|
29.
|
Lakshadweep
State Wakf Board
|
15
|
Nil
|
Nil
|
|
30.
|
Puducherry State Wakf Board
|
Nil
|
84
|
6
|
|
|
Total
|
1053
|
18388
|
15301
|
Further, the earning from waqf
properties as well as revenue loss are also with the
State/UT Wakf Boards.
The establishment of a National Wakf
Development Corporation is under consideration of the Government. The Corporation would take up development of
the commercially viable waqf properties. These properties after development would generae more income which may be used for the welfare of
the minority community.
The matter regarding removal of encroachments
from wakf properties is primarily the concern of the
State/UT Wakf Boards. Further, the Wakf Act, 1995 is being amended and the Chief Executive Officer
is being empowered in removing encroachments from waqf
properties by applying to the Tribunal for grant of order of eviction from the waqf properties. Penal provision has also been provided for
those who encroach upon waqf properties.
This was
stated by Shri Ninong Ering, the Minister of State in the Ministry of Minority
Affairs in response to a written question in Lok Sabha today.
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AT