Lok Sabha Question No. 873 (UNSTARRED), answered on 2019-11-21
Subject: Encroachment of Wakf Properties
Ministry: MINORITY AFFAIRS
Asked by: Ajay Nishad

## 873. SHRI AJAY NISHAD:

Will the Minister of MINORITY AFFAIRS be pleased to state:

- (a) whether many commercial as well as residential properties of Wakf Boards have been encroached upon and sold out in various parts of the country;
- (b) if so, the details thereof;
- (c) the details of corrective action taken by the authorities in this regard;
- (d) whether  there  are  reports  of  involvement  of  some  Wakf  Boards  officials  in aforesaid activities;
- (e) if so, the details thereof along with the corrective and remedial measures taken by the Government in this regard; and
- (f)  whether the Government proposes to amend Wakf Act, 1955 in order to strengthen Wakf  Boards  to  enable  them  handle/resolve  such  matters  and  if  so,  the  details thereof?

## ANSWER MINISTER OF MINORITY AFFAIRS (SHRI MUKHTAR ABBAS NAQVI)

(a)  &  (b): As  per  provisions  of  Section  32  of  the  Waqf  Act  1995  as  amended,  general superintendence of all waqf properties in a State is vested with the State Waqf Board (SWB) and  the  Waqf  Board  is  empowered  to  manage  the  waqf  property  and  take  legal  action against  unauthorized  occupation  and  encroachment  of  such  properties.  Further,  as  per Section 54 and 55 of the Waqf Act, SWB may take action for the removal of encroachment from  the  encroacher.  As  per  section  51(1A)  of  the  Waqf  Act,  any  sale,  gift,  exchange, mortgage  or  transfer  of  the  waqf  property  has  been  declared  void  ab-initio  w.e.f  1st November, 2013. As per the available information with Central Waqf Council (CWC) received from various State Waqf Boards (SWBs), State wise position of number of Waqf Properties facing encroachment is given at Annexure.

(c): The Central Government comprehensively amended Waqf Act 1995 in 2013 giving more powers to  SWBs to  deal  with  encroachment  on  waqf  properties.  The  amended  provisions inter  alia  include  stringent  definition  of  'encroacher';  mandate  to  State  Governments  to appoint Survey Commissioners and complete the survey of waqf properties in a time bound manner; rigorous imprisonment for alienation of waqf properties without prior approval of the SWBs; alienation of waqf property to be cognizable and non-bailable offence; three member Tribunals  with  extended  jurisdiction  to  deal  with    disputes  concerning  eviction  of  a  tenant. Central  Government  monitors  compliance  of  various  provisions  of  Waqf  Act  by  State Governments/(SWBs) from time to time. The last such national conference was held in New Delhi on 29.07.2019.

## GOVERNMENT OF INDIA MINISTRY OF MINORITY AFFAIRS

## LOK SABHA UNSTARRED QUESTION NO.873 TO BE ANSWERED ON 21.11.2019

## Encroachment of Wakf Properties

(d) & (e): As per the Waqf Act 1995 as amended, the SWBs are constituted by the concerned State  Government  to  manage  the  waqf  properties  situated  in  the  state.  SWBs  are  solely authorized to take action against its officials involving in activities of encroachment or sale of the Waqf Properties. Complaints regarding the encroachment, sale, alienation or transfer of the waqf properties are received in CWC from time to time and the same are taken up with concerned  Waqf  Board  authorities  for  taking  appropriate  action  for  the  removal  of  the encroachment and the retrieval of the waqf properties.

Further,  in  order  to  protect  the  waqf  properties  and  to  prevent  encroachment,  a dedicated online portal called WAMSI (Waqf Assets Management System of India) has been developed. So far 5,94,139 immovable waqf properties have been registered on the portal. Moreover,  an  intensive  campaign  for  digitization  of  records  of  waqf  estates  has  been conducted from  5 th July  to  15  Oct,  2019  as  a  result  of  which  98.99%  records  have  been digitized. The SWBs have also been advised to undertake GIS Mapping of waqf properties on top priority.

(f): Presently, the Waqf Act 1995 is in force which was amended in 2013.

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## Annexure

Annexure referred to in reply to Part (b) of the Lok Sabha Unstarred Question No.873 due for answer on 21/11/2019 raised by SHRI AJAY NISHAD regarding 'Encroachment of Wakf Properties'

Details of State wise position of encroached Waqf Properties

|   S.No. | Name of Waqf Board                     | Number of Waqf Properties encroached by Private org./individuals   |
|---------|----------------------------------------|--------------------------------------------------------------------|
|       1 | Punjab Waqf Board                      | 5,610                                                              |
|       2 | Madhya Pradesh Waqf Board              | 3,240                                                              |
|       3 | Board of Waqfs, West Bengal            | 3,082                                                              |
|       4 | Tamil Nadu State Waqf Board            | 1,335                                                              |
|       5 | Karnataka State Waqf Board             | 862                                                                |
|       6 | Haryana Waqf Board                     | 754                                                                |
|       7 | Himachal Pradesh Waqf Board            | 503                                                                |
|       8 | Delhi Waqf Board                       | 373                                                                |
|       9 | Chhattisgarh State Waqf Board          | 200                                                                |
|      10 | Assam Board of Waqfs                   | 191                                                                |
|      11 | Bihar State Sunni Waqf Board           | 180                                                                |
|      12 | Rajasthan Board of Muslim Waqf         | 164                                                                |
|      13 | Uttarakhand Waqf Board                 | 119                                                                |
|      14 | Maharashtra State Waqf Board           | 81                                                                 |
|      15 | Manipur Waqf Board                     | 76                                                                 |
|      16 | Bihar State Shia Waqf Board            | 58                                                                 |
|      17 | Tripura Board of Waqf                  | 41                                                                 |
|      18 | Kerala State Waqf Board                | 29                                                                 |
|      19 | Uttar Pradesh Sunni Central Waqf Board | 12                                                                 |
|      20 | Odisha Board of Waqf                   | 7                                                                  |
|      21 | Chandigarh Waqf Board                  | 6                                                                  |
|      22 | Puducherry Waqf Board                  | 5                                                                  |
|      23 | Jharkhand Waqf Board                   | 2                                                                  |
|      24 | Andaman & Nicobar Waqf Board           | 1                                                                  |