The government has reported that a significant number of Waqf properties in India are under encroachment, with a total of 58,929 properties affected nationwide. In a written response to a query in the Lok Sabha, Union Minister of Minority Affairs, Kiren Rijiju, highlighted that Karnataka alone has 869 such properties under illegal occupation. The government’s concerns have been compounded by frequent complaints received from both the Central Waqf Council (CWC) and the public regarding the unlawful occupation of these properties. These complaints are being forwarded to the relevant state waqf boards and local governments for necessary legal action.
According to the Waqf Assets Management System of India (WAMSI), the scale of encroachment is alarming, prompting legal provisions to be activated. Rijiju further emphasized that the chief executive officers of state waqf boards possess the authority to initiate legal proceedings against unauthorized occupations and encroachments of Waqf properties, as per sections 54 and 55 of the Waqf Act. The government has put in place safeguards to protect Waqf properties, with Section 51(1-A) of the Act rendering any sale, gift, or transfer of these properties null and void.
Additionally, the central government has enacted the Waqf Properties Lease Rules, 2014, under Section 56 of the Act, which authorizes state waqf boards to lease properties for legitimate use. These measures are aimed at addressing the growing concerns of encroachment and ensuring that Waqf properties are used for their intended purposes. While the issue remains widespread, the government’s legal framework provides avenues for redress, and authorities are urged to take swift action to resolve the matter and protect these important assets.
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