RECENTLY, the Delhi High Court refused to stay the transfer of a graveyard in the national capital, purportedly belonging to the Waqf Board, in favour of the Indo Tibetan Border Police (ITBP) by the central government.
The court of Justice Yashwant Varma sought a response from the centre upon a plea alleging that the government had appointed a two-member committee to re-examine the status of 123 properties, which includes the Qadeemi Qabristan. Plus, the government had not shared the report of the previously constituted one-member committee with the Waqf Board despite the fact that it was a stakeholder in the aforesaid properties.
Justice Varma observed that there was no ground to grant the interim injunction as the allotment was made sometime in 2020. "The mere fact that the petitioner asserts having derived knowledge of the aforesaid fact only recently would not detract from the allotment having been made more than two years ago," the Court noted.
Further, the Court observed that no irreparable loss or injury had been caused in the case as the land in question has not been fettered away or alienated with, but was under the control of the Union government by way of being in possession of a central paramilitary force. “I am presently not inclined to grant a stay. This is not a place for stay. It is not like the property has gone to private people. We can ask Union to hand it back," Justice Varma orally remarked, while noting that in case the petitioner ultimately succeeded in the present writ petition, appropriate directions for restitution can always be framed and the allotment can be cancelled.
The matter is slated for next hearing on April 28, 2022.
Denne historien er fra April 4, 2022-utgaven av India Legal.
Start din 7-dagers gratis prøveperiode på Magzter GOLD for å få tilgang til tusenvis av utvalgte premiumhistorier og 9000+ magasiner og aviser.
Allerede abonnent ? Logg på
Denne historien er fra April 4, 2022-utgaven av India Legal.
Start din 7-dagers gratis prøveperiode på Magzter GOLD for å få tilgang til tusenvis av utvalgte premiumhistorier og 9000+ magasiner og aviser.
Allerede abonnent? Logg på
PIL, Difficult To Swallow?
In a recent ruling, the Bombay High Court lamented the increasing number of frivolous public interest litigations being filed in courts and echoed the sentiments of the Supreme Court that such litigations are the bane of the judicial system. Is there any way to restrict their misuse?
Till Infertility Do Us Part...
The Calcutta High Court slammed a husband for initiating divorce proceedings due to his wife's infertility and asked him to be a pillar of support for her. Courts have often taken an empathetic view in such matters
IS THAT LEGAL?
Ignorance of law is no excuse. Here are answers to frequently asked queries regarding matters that affect us on a day-to-day basis
The Big Lie
In America, The Big Lie is an idiom used by Donald Trump's opponents and the media to describe his constant gripe about election fraud. Now, it seems more suited to another Republican, Congressman George Santos (right), who has been facing growing calls to resign after he admitted fabricating parts of his resume and biography since his election in New York last year.
Flying into the Sunset
Over 50 years since the first and original jumbo jet, the Boeing 747, took to the skies and revolutionized air travel, the last of the legendary aircraft (right) was delivered to a freight charter company, bringing down the curtain on one of aviation's most successful products.
Star Crossed
Actor and producer Alec Baldwin is a Hollywood legend, having starred in a range of movies, award winning TV sitcoms, and theatre. He was most recently seen in Mission Impossible Fallout, which is an apt description of his current situation.
Walkouts in the UK
An estimated half a million workers have gone on strike, shutting down thousands of schools, public transport and border disruption. It is the biggest day of industrial action for more than a decade.
Myanmar's Misery
Two years after the military coup ousted the elected government led by Aung San Suu Kyi, the brutal crackdown by the junta on so-called \"insurgents\" and civilian protesters has reached a new level with the use of air strikes, a new and deadly tactic in the ongoing civil war.
AMERICA'S ANGST
From messy, divisive politics to a series of mass shootings, and now black officers brutally beating another black man to death as seen in bodycam videos, America's domestic convulsions are cause for serious introspection
JUSTICE LEAGUE
There are few judicial appointment procedures in the world that are completely bereft of the overarching presence of either the executive or the legislature, or both. In the end, the judge is left with all the powers vested in him/her by the constitution to uphold the rule of law, within an atmosphere of external influences
