Failure to Constitute Tribunal under S.83 Waqf Act, 1995: Delhi HC Slams GNCTD’s ‘Casual & Lackadaisical’ Approach - 2025-09-10

Delhi High Court Expresses ‘Dismay’ Over Govt’s ‘Casual’ Delay in Forming Waqf Tribunal

New Delhi: The Delhi High Court has strongly criticized the Government of NCT of Delhi (GNCTD) for its "casual and lackadaisical approach" in failing to constitute the state's Waqf Tribunal, a crucial judicial body for resolving disputes related to Waqf properties.

Justice Sachin Datta, while hearing a petition filed by the Masjid and Dargah Shah Abdul Salam, expressed his dismay over the government's repeated failure to act despite prior assurances and court orders.

Background of the Case

The case, titled Masjid And Dargah Shah Abdul Salam v. The Government of NCT of Delhi & Anr. , highlights the prolonged absence of a functional Waqf Tribunal in Delhi. The court had previously noted on July 9, 2025, that an assurance given by the Law Secretary back in February 2025 to form the Tribunal had not been fulfilled.

During the July hearing, the government's counsel had submitted that the name of a judicial officer, Sh. Harvinder Singh Johal, had been proposed for the position of Chairman/Presiding Officer. However, the proposal remained pending consideration with the GNCTD itself. The court had then directed the government to take "expeditious" steps and file a status report, warning that the Law Secretary would have to appear if the Tribunal was not constituted by the next hearing.

Court’s Observations and Government’s Stance

In the hearing on August 27, 2025, the court observed that the GNCTD had still not taken the necessary steps. It was further revealed that the government had not even submitted its proposal to the Central Government for the appointment of other members required to make the Tribunal functional under Section 83 of the Waqf Act, 1995.

Justice Datta recorded the court’s strong disapproval in the order:

"This Court is constrained to express its dismay with the casual and lackadaisical approach of the GNCTD in this regard."

The Law Secretary of the GNCTD, who joined the proceedings virtually as previously directed, assured the court that "urgent steps shall be taken" to ensure the Tribunal is constituted at the earliest.

Final Decision and Implications

Acceding to the request for more time, the court has adjourned the matter for two weeks to allow the GNCTD to report on the progress made. The case is now scheduled for further consideration on September 18, 2025.

The persistent delay in forming the Waqf Tribunal has significant implications, as it leaves numerous disputes concerning religious endowments and properties in a state of limbo, forcing litigants to approach the High Court for relief that should ideally be adjudicated by the specialized tribunal. The court's stern remarks underscore the constitutional and statutory obligation of the executive to ensure that such quasi-judicial bodies are functional and accessible to the public.