New Delhi, Feb 22 The Delhi High Court on Wednesday asked the Delhi Waqf Board to file a different petition challenging the Centre's decision to absolve the board from all matters related to 123 properties, which have been under dispute for a long time.
A single-judge bench of Justice Manoj Kumar Ohri denied to pass an urgent order in an application moved by the Board for a pending petition against the Central Government's decision to delist the 123 properties.
The Board had filed a petition last year.
After asking the Board to file a separate petition to challenge the letter, the court listed the application along the pending petition for the next hearing on August 4.
On February 8, the Waqf Board had filed an application challenging the Union Ministry of Housing and Urban Affairs' letter.
Representing the Board, Senior Advocate Rahul Mehra argued that there is no source of power with the Union of India to "absolve" the Board from the above-mentioned properties.
He said: "If you do not have the power, you can't do anything under the statutory scheme."
"Since 1911 and thereafter till date, when the letter has come up, these properties are admittedly waqf properties, concerned with the waqf board, to be controlled and managed by the board under the Act (Delhi Waqf Act)," he added.
He stated that according to the complete statutory scheme, there is no concept of the Central or State government to absolve the properties from the Board.
Additional Solicitor General, Chetan Sharma appearing for the Centre submitted that the Board's prayers in the application are totally beyond the scope of the pending petition.
Sharma cited various orders passed by the court dismissing the Board's application seeking stay of the two-member committee looking into the status of the properties, and a revision plea.
Sharma said: "Once given report of the committee is under challenge, we will meet this. It cannot be done by this application. That is a substantive writ petition."
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