The Delhi High Court has intervened in the prolonged delay of constituting the Delhi Waqf Board, demanding responses from the Central and Delhi governments regarding the statutory vacuum left since August 2023.
- Delhi High Court has issued notices to the Centre and Delhi Government regarding the non-constitution of the Waqf Board.
- The previous Board's tenure expired on August 23, 2023, leaving an administrative void.
- Petitioner alleges that the lack of a statutory board has led to illegal encroachment of Waqf properties.
The Delhi High Court has stepped in to address a critical administrative lapse concerning the management of religious and charitable endowments in the national capital. Justice Anish Dayal, on September 8, issued formal notices to the Union Government and the Government of NCT of Delhi, seeking their official stance on a petition that demands the immediate completion of the statutory process for constituting the Delhi Waqf Board.
The legal challenge, filed by Mohd Shahid and represented by counsel Rizwan Ahmad, highlights a significant gap in governance. According to the petition, the tenure of the previous Delhi Waqf Board officially expired on August 23, 2023. While the Delhi government appointed an Administrator on January 10, 2024, to manage day-to-day affairs, the formal constitution of a statutory Board—as mandated by law—has remained stalled for over two years.
BozokMedia analysis shows that the absence of a fully functional Waqf Board creates a dangerous legal vacuum. Without a statutory body to exercise oversight, vast tracts of land designated for public charity, mosques, and graveyards are left without legal protection. This administrative inertia not only violates the Waqf Act, 1995, but also undermines the legislative intent of the Waqf (Amendment) Act, 2025, which continues to mandate the existence of such boards across States and Union Territories.
The failure to constitute a statutory board is not merely a bureaucratic delay but a breach of the rule of law that exposes communal assets to irreversible damage.
The petitioner has expressed grave concerns regarding the safety of Waqf properties in Delhi. The plea alleges that the prolonged absence of the Board has exposed valuable assets to risks of unauthorised occupation, illegal alienation, and encroachment. Public charitable institutions and educational establishments dependent on statutory supervision have reportedly suffered "irreparable prejudice," depriving the Muslim community of the safeguards envisioned by Parliament.
Furthermore, the petition argues that executive inaction cannot be used to render a Parliamentary enactment ineffective. The legal argument posits that once Parliament directs the constitution of a statutory Board, the executive branch is constitutionally bound to complete the process within a reasonable timeframe. Failure to do so is characterized as arbitrary executive inaction.
| Feature | Statutory Waqf Board | Administrator Model |
|---|---|---|
| Authority | Full statutory powers under Waqf Act | Limited caretaker powers |
| Composition | Representative body of stakeholders | Single appointed official |
| Legal Status | Permanent legislative mandate | Temporary executive arrangement |
Q1: When was the last Delhi Waqf Board's tenure expired?
The tenure of the previous Delhi Waqf Board expired on August 23, 2023.
Q2: When is the next hearing for this case?
The matter is scheduled to be heard next in the Delhi High Court on December 10.
