The Delhi High Court today asked the AAP government and other agencies to enforce the eviction orders, already passed and awaiting enforcement for several years, regarding 990 Waqf properties in the national capital.
A bench of Acting Chief Justice Gita Mittal and Justice C Hari Shankar said there is law in place and the authorities have only to enforce it.
"There is an order. I do not understand why the authorities are not complying with it. Even the government of Delhi has failed to disclose the steps it has taken in this regard," the bench said.
"Law has to be complied with by everyone. You (government) do your job," the bench said, directing that it wanted a status report with regard to the Waqf properties being restored to their original status in eight weeks.
It asked the authorities to ensure eviction and submit an action taken report before it by August 8.
The court was hearing a PIL filed by advocate Shahid Ali in respect of 990 waqf properties which have already been ordered to be vacated from illegal and unauthorised occupation of encroachers under the Act, but the concerned sub-divisional magistrates have not been enforcing the orders.
On hearing this, the bench expressed displeasure over the Delhi Waqf Board's submission that it was having trouble getting its properties vacated from illegal and unauthorised encroachers.
The Board counsel also said that they have even written to the Delhi government in this regard.
"You (Waqf and Delhi government) are not able to get your properties back. It is so badly encroached," it said and asked the Delhi government counsel to comply with the law.
"You have no idea that you have reduced Delhi to such a mess," it observed.
The bench also asked the AAP government why the tribunal, constituted to prosecute all disputes in respect of the Waqf property and Waqf issues, was not doing anything.
It asked the counsel for Revenue Authority, under whom all sub-divisional magistrates of Delhi fall, why Waqf laws have been framed and what was their utility if there was no intention to enforce them.
Advocate Shahid Ali in his plea said that between 2006 and 2013, SDMs had been requested to get the properties vacated through police circle officers.
Previously, these officers had the power to get the properties vacated but through an amendment in 2013 in the Waqf Act, this right has been transferred to the waqf tribunal, he said.
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