Encroachment or illegal occupation of Waqf properties could lead to imprisonment up to three years or an imposition of fine up to Rs1 lakh, if the recommendation of a Parliam-entary panel is accepted.The panel, which submitted its report on the Waqf Properties (Eviction of Unauthorised Occupants) Bill, 2014, also pushed for the inclusion of words like ‘institutions, public or private’ in the Bill as large number of Waqf properties in the country are illegally occupied by several public and private organisations.
The report of the Parliamentary Standing Committee on Social Justice and Empowerment, which examined the Bill introduced in the Rajya Sabha in February 2014, was tabled in Parliament on Wednesday.The Bill seeks to empower the State Waqf boards to aid them in evicting encroachers. The Bill also seeks to ensure removal of encroachment from Waqf lands and utilising the income generated from these properties for the benefit of the poor Muslims.
The National Waqf Development Corporation limited (NAWADCO) was set up by the Centre last year, to help develop these restored Waqf lands and turn them into profit-making ventures. But in the last one year, only four properties could be identified for development.The committee which sought to give more teeth to the Bill, underlined that unless basic issues such as mismanagement, lack of transparency, and improper functioning of Waqf boards are addressed, all other efforts to stub encroachments will be in vain.
While the Bill proposes a simple imprisonment of up to six months and a fine of up to Rs5,000 on unlawful occupation, the Committee suggested reframing the section to make the punishment more stringent.“If any person unlawfully occupies any Waqf property and any other person who subscribes and promotes the cause of the encroacher shall be punishable with rigorous imprisonment of a term which may extend up to three years or with a fine which may extend to Rs1 lakh or both,” it recommended.
Significantly, it suggested that all those tenants, especially of Delhi Waqf Board, who have never defaulted in paying rent to boards and are legitimate tenants for the past so many years may not be considered as encroacher.
Further, it added, “All these tenants may be offered first opportunity to renew or extend their existing lease agreement keeping in view that all these years they have faithfully followed the directions of the board and also abide by its decisions besides maintaining these Waqf properties.”