Gauhati High Court dismisses plea against alleged encroachment of Waqf properties in Assam

The Gauhati High Court recently dismissed a writ petition raising a grievance that the Waqf properties in the State of Assam have been encroached on by various persons and the authorities concerned are not taking any action for removal of encroachment.

While dismissing the writ petition the Court observed that the petition has been filed without proper research and the same is based only on vague and bald allegations.

The division bench of the Chief Justice Vijay Bishnoi and Justice N. Unni Krishnan Nair noted:

“A person who files any petition in public interest, is supposed to do proper research and place relevant and cogent material before the Court for the public cause. All these elements are missing in the present writ petition. Hence, we are not inclined to entertain this writ petition in the form of public interest litigation and the same is, therefore, dismissed.”

The petitioner raised the grievance that the Waqf properties in the State of Assam have been encroached by various persons and the authorities concerned are not taking any action for removal of the encroachment.

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The Counsel appearing for the petitioner submitted that the petitioner moved representations to the Chairman of the Assam Board of Waqf, the Chief Executive Officer of the Assam Board of Waqf and the Deputy Secretary to the Government of Assam, Welfare of Minorities and Development Department.

However, the Court remarked:

“From the perusal of the said representations, it is clear that the petitioner has complained about Waqf property belonging to Golam Rahman Waqf Estate only and has not raised any grievance about the Waqf properties of the entire State of Assam, which are allegedly encroached by the encroachers.”

It was submitted that the petitioner has filed an application in the RTI seeking information regarding the encroachment over the Waqf properties in the State of Assam and the authorities concerned has supplied him the list of encroachers over the land and on the basis of that he has filed this writ petition praying for issuing directions to the respondents to get the encroachment removed from the Waqf properties.

The Court dismissed the writ petition on the ground that the same had been filed without proper research and on the basis of vague allegations.

However, the Court observed that if the petitioner has any grievance, he can move a representation before the Chief Executive Officer of the Assam Board of Waqf with proper details and sufficient material.

“On receipt of such representation, the Chief Executive Officer of the Assam Board of Waqf may examine the grievance and also take into consideration the material placed by the petitioner and thereafter, act in accordance with law, particularly, under Section 54 of the Waqf Act, 1955, if required so,” the Court said.