State to make Waqf land govt property
The Maharashtra government has decided to introduce a legislation to recognise properties belonging to Waqf as government property.
By TNN |
MUMBAI: The Maharashtra government has decided to introduce a legislation to recognise properties belonging to Waqf as government property. The state Cabinet took the decision on Thursday so that authorities can act against encroachment on Waqf property, which the ministers felt, was rampant.
Amendments would be made to the Mumbai Government Property (Eviction) Act, 1955, to enable the government to free Waqf properties from encroachment. The Cabinet also decided to appoint the chief executive officer of the state Waqf Board as the competent authority under the Act. A bill introducing the amendment to the Act would be moved during the winter session of the state legislature in December, a government spokesperson said.
The state government had decided in July to appoint a judicial commission to probe dealings in Waqf properties. The state had also promised to introduce an eviction law for the properties.
Sources said the decision to recognise Waqf properties as government properties was long-pending; the Union government had made a recommendation to this effect in 1995 when the Waqf Act was introduced.
“The Waqf Act does not provide for eviction of encroachment. In the absence of an enabling provision and owing to the state government’s reluctance to make the necessary legal changes, a lot of Waqf properties in the state have either been encroached upon or being misused. In fact, this has been the central reason for the controversy involving Waqf properties,” explained a revenue department official.
Though Maharashtra chose to sit on the Union government’s recommendation for about 12 years, states such as Rajasthan and Karnataka have made the necessary changes to their Acts. In these states, Waqf properties are treated as government properties and the authorities have executive powers to evict the encroachers. In Maharashtra, however, the CEO of the Waqf Board is empowered only to issue a notice to the encroachers under the Waqf Act, sources said. the proposed amendment to Mumbai Government Property (Eviction) Act, which is applicable to the entire state, would provide the CEO with powers to evict the encroachment.
Amendments would be made to the Mumbai Government Property (Eviction) Act, 1955, to enable the government to free Waqf properties from encroachment. The Cabinet also decided to appoint the chief executive officer of the state Waqf Board as the competent authority under the Act. A bill introducing the amendment to the Act would be moved during the winter session of the state legislature in December, a government spokesperson said.
The state government had decided in July to appoint a judicial commission to probe dealings in Waqf properties. The state had also promised to introduce an eviction law for the properties.
Sources said the decision to recognise Waqf properties as government properties was long-pending; the Union government had made a recommendation to this effect in 1995 when the Waqf Act was introduced.
“The Waqf Act does not provide for eviction of encroachment. In the absence of an enabling provision and owing to the state government’s reluctance to make the necessary legal changes, a lot of Waqf properties in the state have either been encroached upon or being misused. In fact, this has been the central reason for the controversy involving Waqf properties,” explained a revenue department official.
Though Maharashtra chose to sit on the Union government’s recommendation for about 12 years, states such as Rajasthan and Karnataka have made the necessary changes to their Acts. In these states, Waqf properties are treated as government properties and the authorities have executive powers to evict the encroachers. In Maharashtra, however, the CEO of the Waqf Board is empowered only to issue a notice to the encroachers under the Waqf Act, sources said. the proposed amendment to Mumbai Government Property (Eviction) Act, which is applicable to the entire state, would provide the CEO with powers to evict the encroachment.
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