A GRAVE ISSUE

In a controversial order, the Delhi High Court has refused to stay the transfer of a cemetery belonging to the Waqf Board to the ITBP. Also in question are 123 other properties of the Board

- Banshika Garg

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.