Modi govt issues notice to take over 123 assets of Waqf Board, including Jama Masjid of Delhi

The Union Housing and Urban Affairs Ministry of the Central government issued a notice on 22 August to take over 123 properties from the Waqf Board which includes Delhi’s legendary Jama Masjid which was gifted to the board during the Indian National Congress (INC) rule under the then PM Manmohan Singh.

A notice stuck on the wall of the Jama Masjid directed “the occupant” of “the property” to “maintain preparedness” and “submit documents/maps to substantiate their claims” during the inspection.

The move follows the ministry’s decision in February this year to take back control of 123 Waqf board properties, which encompass mosques, dargahs, and graveyards. This decision was made based on the recommendations provided by a two-member committee.

Details of the report

As per a report, in a letter dated February 8, the Deputy Land and Development Officer wrote to the Waqf Board informing it of the decision to “absolve” it from all matters pertaining to the 123 Waqf properties. The report claimed that the Land and Development Office (L&DO) of the Central Ministry said that the two-member committee headed by Justice (retired) S.P. Garg on the issue of denotified Waqf properties in its report submitted that no representation or objection as such was received from the Delhi Waqf Board. “It is evident from the above facts that the Delhi Waqf Board does not have any stake in the listed properties, neither have they shown any interest in the properties nor filed any objections or claims. It is, therefore, decided to absolve Delhi Waqf Board from all matters pertaining to ‘123 Waqf Properties’,” read the L&DO letter.

Notice sent to the Waqf Board

In a notice sent to the Waqf Board, the Land and Development Office under the Union Urban Ministry had asked it to present necessary documents, in which the board can explain why these properties should be given to it.

In May 2023, the Delhi High Court issued an order permitting the Union government to conduct a physical inspection of 123 such properties. These properties are currently under contention as both the Delhi Waqf Board and the Union government lay claim to their possession.

AAP’s Amanatullah Khan launches strong protest

The Ministry had written a letter to the Waqf Board’s chairman and Aam Aadmi Party MLA Amanatullah Khan informing him of the decision. It sparked a strong response from the MLA who expressed that the decision has triggered “significant unease, fear, and discontent” among the Muslim community and asserted that he will not allow the central government to take over the Waqf properties. “Some people are spreading lies about it, the proof of this is in front of all of you. We will not allow anyone to occupy the properties of the Waqf Board,” he tweeted.

Muslim community defend their rights on the properties

“This is part of the ongoing survey of 123 places of worship where the government claims the Waqf Board has lost the right of possession. This is a historic mosque. It dates back at least 350 years. In fact, the British had ordered its land survey back in 1880. We have enough documents… I do not see a threat to the mosque,” said Muhibullah Nadwi, the Imam of Jama Masjid, inviting media persons to visit the premises during the inspection.

“It is not a survey but an inspection. If it is a survey, then survey for what? The history of the mosque is well known. This is just hoodwinking the court order. The Waqf Board is negligent either by design or compulsion,” said Mahmood Pracha, who was actively involved in contesting the initial demolition of a section of Bengali Market Masjid-Madrasa just recently. “They demolished a portion of Mamu-Bhanja dargah near Jhandewalan this morning around 3 a.m. Whatever the mosque’s imam might say, I feel the New Delhi Jama Masjid is vulnerable,” he told the media.

Attributed to its proximity to the Parliament House, New Delhi’s Jama Masjid had been used for prayers by former President A.P.J. Abdul Kalam, former Vice-President Hamid Ansari, besides several other MPs during numerous debate sessions. It was also favoured by foreign diplomats. The tomb of former President of India Fakhruddin Ali Ahmed is also situated here. It was renovated grandly in 2014 after a portion of the ceiling on the first floor had collapsed, leading to fears of the mosque caving in due to its advanced age.

However, advocate Masroor Siddiqui, who has been keeping a close watch on surveys ordered on places of worship accused of encroachment, doesn’t share Imam Nadwi’s optimism. “It is interesting that the authorities are focusing only on mosques and dargahs. Before the demolition at Mamu-Bhanja dargah, there were similar sights at Tikona Park near Oberoi Hotel, where the mosque was spared but dwellings of people in its vicinity were demolished. At Sunehri Bagh Masjid, too, there have been allegations of encroachment. I feel this survey is the first step towards relocation of these mosques,” he stated.

Mr. Siddiqui said the New Delhi Jama Masjid, Sunehri Bagh Masjid, Zabat Ganj mosque near India Gate, and a small mosque at Krishi Bhawan fall in the VVIP zone of Lutyens’ Delhi. “When the Central Vista project started, apprehensions were expressed about these mosques. There were fears they could either be demolished or relocated. Minister for Housing and Urban Affairs Hardeep Puri had then laid these fears to rest, stating, ‘Not a single heritage building will be demolished.’ Now it seems other reasons are being explored to shift these mosques. For instance, in the case of Sunehri Bagh mosque, it is said to be coming in the way of road widening,” Mr. Siddiqui noted.

Earlier, the Delhi Waqf Board had sought protection from the High Court for its six properties in the Central Vista region: Zabta Ganj Masjid at Mansingh Road, Jama Masjid at Red Cross Road, Sunehri Bagh Masjid near Udyog Bhawan, Mazar Sunehri Bagh Road behind Motilal Nehru Road, Masjid Krishi Bhawan, and the mosque at the Vice-President’s official residence. The Centre had then assured the board that “nothing is happening” to these properties.

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