Waqf Tribunal not functioning for two years? Delhi High Court seeks State response

The Delhi High Court on Monday sought a response from the Delhi government on a plea seeking the constitution of tribunals to deal with disputes related to waqf or waqf properties under the Waqf Act.Justice Subramonium Prasad has ordered the government to file its reply and listed the case for further consideration in July..The petition in the High Court has been filed by Masjid and Dargah Abdul Salam, which is located in the Connaught Place area.It has been argued that the tribunal (which is constituted under Section 84 of the Waqf Act) last functioned in April 2022. In April 2022, the erstwhile member of the tribunal, an Additional District Judge, was transferred from the waqf tribunal to another Court. In his place, another member of the State Judicial Service assumed charge. However, no requisite notification was issued to allow the tribunal's functioning thereafter, the Court was told. “However, the respondent no.1’s [Delhi government’s] apathy is manifest from the fact that the respondent no.1 did not issue the requisite Notification under Section 83 (1) of the Waqf Act, 1995. Consequently, the learned Waqf Tribunal continued to suffer from the defect, i.e., absence of Notification," the petition explained. .It added that the failure of the Delhi government to issue the requisite notification not only contributed to the increased pendency of disputes before the Waqf Tribunal but also increases the burden on the High Court as litigants who want urgent interim relief have to approach the High Court.“The petitioner [Masjid and Dargah Abdul Salam] is party to various litigations before the learned Waqf Tribunal involving the portions of the Waqf premises under reference. However, for want of Notification as required under Section 83 (1) of the Waqf Act, 1995, the trial of all those suits has abruptly come to a grinding halt, which causes serious injury to the petitioner," the plea added. .Advocate Wajeeh Shafiq appeared for the petitioner and argued the case. The writ petition has been filed by advocate Mudassar Jahan Faridi.