JUDGMENT

Prathiba M. Singh, J. (Oral)

1. This hearing has been done through hybrid mode.

CM APPL.49228/2023 & CM APPL.49229/2023 in C.R.P.224/2019

2. These are two applications which have been filed by occupants of the property bearing No.1068, Ward number 1, Khasra No.1151/3. The details of the Applicants is as under:

S. No.Flat Owner and their Family1Fazluddin Khan
Tufiel Ahmed Khan S/o Fazluddin Khan
Naseema D/p Tufiel Ahmad Khan
Mohsin S/o
Tarannum D/o


2MM Kunju
Mrs. Ramla Bivi (wife)
Harish (son)
Anees (son)3Mehar Siddiqui
Tauseef Siddiqui (husband)
Gul Rukh (daughter)
Shahrukh Ali (son)4Shaji
Reeja Shaji (wife)
Hadi Pathan (son)
Hafi Pathan (son)5Muzaffar Nayeem Murtaza
Dr. Kaenat Zahra
Irtaza Shiraz (son)
Umar Shiraji (son)
Alisha Zahara (daughter)6Abdul Bari
Farhat Parween (wife)
Faizul Rahman (son)
Albina Rahman (daughter)7Tahira Begum
Mohd Faizan Shafeeq (brother)
Hina Faizan (wife of Mohd. Faizan)
Anabiya Rehman (daughter of Mohd Faizan)
Hurain Rehman (daughter)

3. The prayer in these applications is that the Applicants be impleaded in the present petition and they be given 6 months' time to vacate the said property.

4. Mr. Gautam Narayan, ld. Counsel appearing for the Applicants submits that he is conscious of the earlier orders which have been passed by this Court in CRP 224/2019 and all the related matters. He submits that the present Applicants are not related to the Petitioners in the said petition in any manner, but had purchased the flats, where they are residing with their families, through one M/s K.V. Promoters Pvt. Ltd. Reliance is placed upon various sale deeds executed in 2009 by all these applicants after paying consideration to M/s K.V. Promoters Pvt. Ltd.

5. The ld. Counsel submits that the said K.V. Promoters had claimed to have derived title from the family of Ms. Afroznisha, Mehvish Adil, Mohd. Adil, etc. In 2022, notices were posted on the residence of the Applicants that they are unauthorised occupants and that they have to vacate the premises within a period of seven days. The applicants also made representations to the Delhi Waqf Board, which were not considered favorably. Further, notices were received by the applicants for eviction by 31st August, 2023.

6. Mr. Narayan, ld. Counsel points that the notice dated 23rd August, 2022 issued by the Executive Magistrate, GNCTD was challenged in writ petition being W.P.(C) 13219/2022 titled Tufiel Ahmed Khan & Ors. v. GNCTD & Ors, which was dismissed vide judgment dated 29th August, 2023. Upon the dismissal of the said writ petition, the present applications have been moved by the applicants in terms of the liberty granted by the said Court.

7. He submits that in terms of Sections 52 and 54 of the Waqf Act, 1995 proper proceedings have to be initiated against the occupants. Only thereafter, the Applicants can be removed from the premises in their occupation. In the absence of any such notices, the action taken by the Waqf Board in coordination with the SDM would be without any sanctity of law.

8. He submits that the Applicants' stand now is that the Applicants have given up their claim of title in the premises which is under their occupation. They have made representations to the Delhi Waqf Board (DWB) to convert their possession into tenancies so that they can pay proper license fee or rent as may be determined by the DWB. Various representations were made to the DWB -the last one being dated 4th September, 2023.

9. On behalf of the Respondent-DWB, Ms. Wani, ld. Counsel has vehemently urged before this Court that the DWB is facing repeated obstacles and impediments in getting illegal occupants and encroachers removed from its land. She submits that the initial judgment of this Court, in respect of this property, was passed in Mehvish Adil v. Delhi Waqf Board [C.R.P. 223/2019, date of judgment 15th December, 2021], as also in W.P.(C) 6915/2023 titled Shehdab Anjum v Government of NCT of Delhi, vide order dated 22nd May, 2023. The order passed by this Court in th

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