Lok Sabha Question No. 1468 (UNSTARRED), answered on 2018-12-19
Subject: Illegal Transfer of Wakf Board Land
Ministry: MINORITY AFFAIRS
Asked by: ANIRUDHAN SAMPATH, E. T. MOHAMMED BASHEER

## GOVERNMENT OF INDIA

## MINISTRY OF MINORITY AFFAIRS LOK SABHA

## UNSTARRED QUESTION NO.1468 TO BE ANSWERED ON 19.12.2018

## Illegal Transfer of Wakf Board Land

## 1468.  DR. A. SAMPATH SHRI E.T. MOHAMMED BASHEER:

Will the Minister of MINORITY AFFAIRS be pleased to state:

- (a)  the present  status of implementation of the wakf properties (eviction of unauthorized occupation) bill;
- (b)  whether a large part of the Wakf Board's immovable properties have been illegally transferred, sold, leased or encroached in various parts of the country;
- (c)  if so, the details thereof and Government's response thereto; and
- (d) the steps taken by the Government to release unauthorized occupation of wakf land by persons, public and private institutions, departments/organizations?

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

- (a) :  Waqf  Properties  (Eviction  of  Unauthorized  Occupants)  Bill,  2014  was  referred  to  the Standing Committee on Social Justice &  Empowerment for examination. The Report of the Committee was laid in the Parliament and  its  recommendations are under consideration at present.
- (b) & (c): As per Section 32 of the Waqf Act, 1995  as amended, the general superintendence of auqaf  in  a  State  is  vested  with  the  State  Waqf  Board  (SWB)  and  it  is  the  duty  of  the concerned  SWB  to  ensure  that  Waqf  properties  are  properly  maintained,  controlled  and administered.    Further,  as  per  section  51(1  A)  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 provision of Section 54, the Chief Executive Officer of the Waqf Board is empowered to remove the encroachment from the Waqf property. Such removal is normally  carried  out  with  the  help  of  State  Government  machinery.  As  per  the  available information with Central Waqf Council (CWC) received from various State Waqf Boards, State wise position of number of Waqf Properties are facing encroachment is given at Annexure.
- (c) : 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  and  three  member Tribunals  with extended  jurisdiction to  deal with disputes  concerning  eviction  of a tenant. Central Government  monitors  and  reviews  compliance  of  various  provisions  of  Waqf  Act  by  State Governments/ State Waqf Boards from time to time.

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Annexure referred to in reply to Part (c) of the Lok Sabha Unstarred Question No.1468 due for answer on 19/12/2018 raised by DR. A. SAMPATH & SHRI E.T. MOHAMMED BASHEER regarding 'Illegal Transfer of Wakf Board Land'.

## State wise position of number of Waqf Properties with  Encroachment

|   S.No. | Name of Waqf Board                     | Number of Waqf Properties encroached by Private/Public   |
|---------|----------------------------------------|----------------------------------------------------------|
|       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 | Chhatisgarh State Waqf Board           | 200                                                      |
|      10 | Assam Board of Waqfs                   | 191                                                      |
|      11 | Bihar State Sunni Waqf Board           | 181                                                      |
|      12 | Rajasthan Board of Muslim Waqf         | 164                                                      |
|      13 | Manipur State Waqf Board               | 137                                                      |
|      14 | Maharashtra State Waqf Board           | 81                                                       |
|      15 | Bihar State Shia Waqf Board            | 58                                                       |
|      16 | Kerala State Waqf Board                | 29                                                       |
|      17 | Uttar Pradesh Sunni Central Waqf Board | 12                                                       |
|      18 | Tripura Board of Waqf                  | 10                                                       |
|      19 | Odisha Board of Waqfs                  | 7                                                        |
|      20 | Chandigarh Waqf Board                  | 6                                                        |
|      21 | Puducherry Waqf Board                  | 5                                                        |
|      22 | Jharkhand Waqf Board                   | 2                                                        |
|      23 | Andaman and Nicobar Waqf Boards        | 2                                                        |
|      24 | Uttarakhand Waqf Board                 | 119                                                      |