Lok Sabha Question No. 2174 (UNSTARRED), answered on 2019-07-04
Subject: Details regarding Wakf Properties
Ministry: MINORITY AFFAIRS
Asked by: Sukanta Majumdar, Khagen Murmu

## GOVERNMENT OF INDIA MINISTRY OF MINORITY AFFAIRS

## LOK SABHA UNSTARRED QUESTION NO.2174 TO BE ANSWERED ON 04.07.2019

## Details regarding Wakf Properties

## 2174. DR. SUKANTA MAJUMDAR SHRI KHAGEN MURMU:

Will the Minister of MINORITY AFFAIRS be pleased to state:

- (a) the total area of Wakf Boards' land which are illegally occupied in the country;
- (b) whether the Government proposes to free these illegally occupied lands and if so, the details of the concrete steps taken by the Government in this regard;
- (c) the  total  revenue  of  the  Wakf  Boards  in  the  country  and  the  details  of  different schemes being run with the funds;
- (d) whether the Government  has established the National  Waqf  Development Corporation Ltd. (NAWADCO) for developing Waqf properties in the country and if so, the details thereof;
- (e) whether the NAWADCO has not developed a single property so far and the targets set in this regard are not being achieved, if so, the reasons therefor; and
- (f)  the steps being taken by the Government in this regard?

## ANSWER MINISTER OF MINORITY AFFAIRS

## (SHRI MUKHTAR ABBAS NAQVI)

(a): As  per  provisions of  Section  32  of  the  Waqf  Act  1995  as  amended,  general superintendence of all auqaf 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 the available information with Central Waqf Council (CWC) received from various  State  Waqf  Boards,  State  wise  position  of  number  of  Waqf  Properties  facing encroachment is given at Annexure.

(b):  Major provisions added in the amended Waqf Act 1995  giving more power to State/UT Waqf  Boards  to  deal  with  encroachment  on  waqf  properties  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  State/UT  Waqf  Boards; 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/ State Waqf Boards from time to time.

Under QaumiWaqf Board Taraqqiati Scheme (QWBTS), various new provisions have been added where financial assistance is provided to SWBs for GIS Mapping of

WaqfProperties, setting up of Video Conferencing Facility, maintenance of Centralized Computing Facility (CCF) and ERP Solution for better administration of SWBs.

The Central Waqf Council under the Ministry has taken the initiative of Geo-tagging of Waqf Properties and the progress in this regard is as under:-

|   Sl.No | Institute engaged for GIS/GPS Mapping of Waqf properties   | State Waqf Boards (SWBs) covered so far   |
|---------|------------------------------------------------------------|-------------------------------------------|
|       1 | IIT- Roorkee                                               | Three                                     |
|       2 | AMU, Aligarh                                               | Six                                       |

Under National WAMSI Project (Waqf management System of India), an online system of registration, as on date, 5,81,799immovable Waqf properties have been registered online and2,81,967 records of Waqf Properties have been digitized.

(c):    As  per  information  received  from  Central  Waqf  Council,  the  annual  income  from statutory contribution collected by SWBs under section 72 of the Waqf Act, 1995 as amended for  the  Financial  Year  2016-17  &  2017-18  are  Rs.3,063.91  lakh  &  Rs.3,622.72  lakh respectively.Further, Ministry does not maintain the information of the Schemes being run by the State/UT Waqf Boards in the country.

(d):  Yes, Sir. Government of India has incorporated National Waqf Development Corporation Limited  (NAWADCO) under Companies Act, 1956 on 31 st Dec,  2013  with  the  objective  of developing the waqf properties for enhancing their income, which can be utilized for socioeconomic development of the community.

(e) and (f): The Waqf properties are not owned by the Central or State Government or any individual. In many cases, there is a custodian/ Mutawalli/Waqf Institution who manages the property  and  the  entire  Waqf  affairs  are  governed  by  the  Waqf  Act,  1995  as  amended  in 2013 with Rules made therein.NAWADCO has identified properties across India which could be  considered  for  development  of  these  properties.Based  on  preparedness  of  the  state agencies/waqf institutions, feasibility study/evaluation of 10 properties in the state of Andhra Pradesh, Bihar, Haryana and Rajasthan has been done through an expert in Real Estate (the technical  and  financial).  After  evaluation  of  properties  found  feasible  for  development  the matter  is  sent  to  State  Government  for  permission  and  then  these  are  taken  up  for development by way of engaging suitable Developer/ Concessionaire.

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Annexure referred to in reply to Part (a) of the Lok Sabha Unstarred Question No.2174 due for answer on 04/07/2019 raised by DR. SUKANTA MAJUMDAR and SHRI KHAGEN MURMU regarding 'Details regarding 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 | Assam Board of Waqfs                   | 191                                                                |
|       2 | Andaman & Nicobar Waqf Board           | 01                                                                 |
|       3 | Bihar State Sunni Waqf Board           | 180                                                                |
|       4 | Bihar State Shia Waqf Board            | 58                                                                 |
|       5 | Chhattisgarh State Waqf Board          | 200                                                                |
|       6 | Chandigarh Waqf Board                  | 06                                                                 |
|       7 | Delhi Waqf Board                       | 373                                                                |
|       8 | Haryana Waqf Board                     | 754                                                                |
|       9 | Himachal Pradesh Waqf Board            | 503                                                                |
|      10 | Jharkhand Waqf Board                   | 02                                                                 |
|      11 | Karnataka State Waqf Board             | 862                                                                |
|      12 | Kerala State Waqf Board                | 29                                                                 |
|      13 | Madhya Pradesh Waqf Board              | 3,240                                                              |
|      14 | Manipur Waqf Board                     | 76                                                                 |
|      15 | Maharashtra State Waqf Board           | 81                                                                 |
|      16 | Odisha Board of Waqf                   | 07                                                                 |
|      17 | Punjab Waqf Board                      | 5,610                                                              |
|      18 | Puducherry Waqf Board                  | 05                                                                 |
|      19 | Rajasthan Board of Muslim Waqf         | 164                                                                |
|      20 | Tamil Nadu State Waqf Board            | 1,335                                                              |
|      21 | Tripura Board of Waqf                  | 41                                                                 |
|      22 | Uttar Pradesh Sunni Central Waqf Board | 12                                                                 |
|      23 | UttarakhandWaqf Board                  | 119                                                                |
|      24 | Board of Waqfs, West Bengal            | 3,082                                                              |