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2021 Supreme(Del) 845
IN THE HIGH COURT OF DELHI AT NEW DELHI
Sanjeev Sachdeva, J.
Mohd Shamim & Ors. - Appellants
Versus
Delhi Waqf Board & Anr. - Respondents
W.P.(C) 10429/2021
Decided On : 17-09-2021
Ms. Shashi Karan, Advocate, for the Petitioner; Mr. Wajeeh Shafiq, Advocate, for the Delhi Waqf Board; Mr. Shadan Farasat, ASC, GNCTD with Ms. Hafsa, Advocate, for the Respondent
The judgment emphasizes the importance of adhering to the principles of natural justice and procedural fairness, particularly in matters involving the removal of managing committee members under the Waqf Act, 1995.
Headnote:
Waqf Act, 1995 - Removal of Managing Committee Members - Opportunity of Hearing
Fact of the Case:
The petitioners challenged their removal from the Managing Committee of Dargah Hazrat Khwaja Qutubuddin Bakhtiyar Kaki without a show cause notice and opportunity of hearing.
Finding of the Court:
The court directed the Waqf Board to issue an ex-post facto show cause notice, provide an opportunity of hearing to the petitioners, and pass a speaking order within a specified timeline. An observer was appointed to oversee the collection and expenditure at the Dargah until the final speaking order is passed.
Issues: Violation of Section 67 of the Waqf Act, 1995 and denial of opportunity of hearing to the petitioners.
Ratio Decidendi: The court emphasized the requirement of providing a reasonable opportunity of showing cause against the proposed action as mandated by Section 67 of the Waqf Act, 1995. It directed the Waqf Board to adhere to the principles of natural justice and procedural fairness by issuing a show cause notice, granting a personal hearing, and passing a speaking order.
Final Decision: The petition was disposed of with directions to the Waqf Board to follow the prescribed procedure, provide an opportunity of hearing to the petitioners, and appoint an observer for overseeing the collection and expenditure at the Dargah.
JUDGMENT
Sanjeev Sachdeva, J.:-- (Oral)
CM. APPL. 32074/2021 (Exemption)
Exemption is allowed, subject to all just exceptions.
1. Petitioners impugn order dated 01.04.2021, whereby the Delhi Waqf Board has removed the petitioners, who were members of the W.P.(C) 10429/2021 & CM APPL. 32087/2021 Managing Committee of Dargah Hazrat Khwaja Qutubuddin Bakhtiyar Kaki (RAH), Mehrauli without giving them any show cause notice and opportunity of hearing.
2. Learned counsel for petitioner submits that Section 67 of the Waqf Act, 1995 mandates that prior to removal, a reasonable opportunity of showing causing against the proposed action is required to be taken.
3. Learned counsel appearing for Waqf Board submits that Section 67 is not applicable to the petitioners as Section 67 applies only to the Management Committee appointed by the Waqf and the admitted case of the petitioners is that they were not appointed by the Waqf but by the Waqf Board pursuant to order dated 22.09.2008 in Suit No. 151/2002, Taufiq Farooqui & Others Vs. Khwaja Syed Hilal Qutabi & Ors.
4. Learned counsel for respondent/Waqf Board without prejudice submits that the respondent shall give an ex-post facto show cause notice and an opportunity of hearing to the petitioners and thereafter, pass a speaking order.
5. In view of the above, the petition is disposed of, directing the respondent/Waqf Board to issue ex-post facto show cause notice within a period of one week enclosing therewith entire material as may be available with the Waqf Board inter alia complaints from different sections of the community about the management of the Dargah referred to in order dated 01.04.2021.
6. Reply to the show cause notice shall be filed by the petitioners within a period of within two weeks. Thereafter, an opportunity of personal hearing shall be granted to the petitioners and a speaking order passed, preferably within a period of three weeks thereafter.
7. It would be open to the petitioners to take further recourse in law in case they are aggrieved by the speaking order.
8. In the meantime, till the passing of the final speaking order, SDM, Mehrauli shall act as an observer for the purposes of observing the opening of the collection boxes. The entire collection shall be duly recorded in an account book and expenditure therefrom shall also be recorded.
9. The observer shall continue till the passing of the speaking order and thereafter continuation shall be subject to the speaking order to be passed by the Waqf Board.
10. Petition is disposed of in the above terms.
