Point of Law : Due process need not mean only an active process initiated by the owner of the property.

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, in case the occupant against whom eviction orders are issued by the Waqf Board, fails to remove such encroachment.

Facts

3. The present revision petitions arise out of orders dated 4th October, 2019 passed by the Waqf Tribunal/NDD/PHC (hereinafter “Waqf Tribunal”) in ML No.27/2018 titled Mehvish Adil v. Delhi Wakf Board & Ors., in ML No.29/2018 titled Mohd Adil v. Delhi Wakf Board & Ors. and in ML No.28/2018 titled Afroznisha v. Delhi Wakf Board & Ors. Vide the said orders, the applications of Petitioners/Plaintiffs/Mehvish Adil, Mohd. Adil and Afroznisha (hereinafter collectively “Petitioners”) under Order XXXIX Rules 1&2 CPC were dismissed. Effectively, the prayer seeking injunction against the Waqf Board from dispossessing the Petitioners, from property being 1068, Ward No.l, Khasra no. 1151/3, Mehrauli, Delhi ad measuring 425 sq. yards (hereinafter “suit property”), was rejected. A brief background of the present proceedings is as below.

4. Initially, a notice was issued on 22nd January, 2007, against the Petitioners under Section 54 of the Waqf Act, by the Chief Executive Officer, Waqf Board, stating that the Petitioners were in unauthorized occupation of Waqf property. Therefore, they were directed to vacate the suit property, within 15 days of service of the order. Since the said notice was not complied with by the Petitioners, procedure for enforcement of the eviction orders was triggered under Section 55 of the Waqf Act. Accordingly, the Waqf Board made applications to the office of the Sub-Divisional Magistrate (Mehrauli), GNCTD (hereinafter “SDM”), seeking directions for removal of encroachments by the Petitioners under Section 55 of the Waqf Act. During the pendency of the enforcement of the said order dated 22nd January, 2007, the Petitioners entered into rent agreements with the Waqf Board on 16th October, 2008 and 5th November, 2008. Their tenancy itself came to an end by efflux of time in 2012. The Petitioners, however, continued to remain in occupation of the suit property.

5. In 2015, the Waqf Board filed proceedings before the High Court of Delhi, against the SDM in W.P. (C.)6275/2015 titled Delhi Waqf Board v. Principal Secretary, Revenue & Ors., seeking execution under Section 55 of the Waqf Act, of various eviction orders and encroachment proceedings pending over Waqf properties. In this petition, vide order dated 29th May, 2017, the High Court directed the SDM to execute pending eviction orders over Waqf properties. Pursuant to this order (wrongly written as 29th May, 2015 in this eviction notice), the SDM issued an eviction notice No.2/73/Teh./Meh/2018-19/128 dated 24th August, 2018, directing Mohd. Adil to vacate the suit premises.

6. It is the case of the Petitioners that this notice was not accompanied by the eviction order whic