JUDGMENT :

Prathiba M. Singh, J.

1. The Waqf Act, 1995 (hereinafter “Waqf Act”) is a special enactment which is meant to provide for the better administration of Waqfs, including the property which vests in Waqfs. The Waqf Act has been enacted for the larger public good to ensure that Waqfs and Waqf-related properties are properly managed and the income derived from the Waqf property is utilized for the larger good of the community.

2. A perusal of the scheme of the Waqf Act shows that this statute contemplates the creation of Waqf Boards which, in Delhi, is the Delhi Wakf Board/Respondent No.1 (hereinafter “Waqf Board”). The Waqf Board conducts surveys as per the Waqf Act. Disputes relating to Waqf properties are resolved by the Waqf Tribunal under Sections 6 & 7 of the Waqf Act. The constitution of the Waqf Board is provided for in Chapter IV of the Waqf Act, including the duties and functions of the Waqf Board. One such duty of the Waqf Board is to ensure removal of encroachments from Waqf properties under Section 54 of the Waqf Act. Section 55 of the Waqf Act further provides that the Executive Magistrate shall take action for the enforcement of such orders made under Section 54,