Can Waqf Board lay claim on any land? Know the truth of the law – ..

Recently, Uttar Pradesh Chief Minister Yogi Adityanath gave an important statement regarding the Waqf Board. He said, “Do not make the Waqf Board a land mafia board, let it remain a Waqf Board.” This statement came at a time when Maulana Shahabuddin Barelvi claimed that the Mahakumbh to be held in Prayagraj is taking place on Waqf land. But the question remains whether the Waqf Board can actually lay claim to land anywhere? Let us understand the law behind this.

What is the work of Waqf Board?

The main objective of the Waqf Board is to manage Waqf properties and religious institutions.

• What is Waqf?
  • Waqf is an Arabic word, which means ‘prevent’ Or ‘to surrender’ Is.
  • Waqf property is that which has been donated for religious and charitable purposes.
  • It is mainly used for religious purposes, helping the poor, and education.
• Waqf Act, 1995:
  • This Act provides for the administration of Waqf properties and Central Waqf Council Was brought for establishment.

Can Waqf Board lay claim on any land?

The Waqf Board is often accused of arbitrarily declaring the properties of others as Waqf. But there is a legal process prescribed for this.

Section 40 of the Waqf Act, 1995:

• The State Waqf Board has the authority to declare any property as Waqf property.
• for this solid reason Should be.
• Process:
  • Board to the then owner of the property notice Sends.
  • If there is a dispute over property, investigation is also conducted by the board.

Earlier process:

• Earlier, property could be declared Waqf only by issuing a notice.
• This gave the Waqf Board rights over the land.

Supreme Court’s 2023 decision:

In May 2023, the Supreme Court gave an important order regarding Waqf properties:

• Issuing notification is not enough:
  • To declare property as Waqf legal process It is mandatory to follow.
  • In this two surveys, settlement of disputesand includes reports before the State Government.
• The decision of the Tribunal is final:
  • The decision of the Waqf Board will be considered final, but it can only be canceled or modified by the Tribunal.
  • The members of the tribunal are selected by the state government.

What is the current rule of Waqf Board?

• 2013 revision:
  • The process of giving ownership rights on properties to the Waqf Board was modified.
  • Now only the Tribunal has the right to challenge the decision regarding Waqf properties.