Imam can’t stake claim over waqf mosque: Delhi HC rules
The court’s remarks came while dealing with a petition related to a property next to Masjid Zabta Ganj at central Delhi’s Man Singh Road
The family of an imam cannot claim any rights to property of a mosque as the proprietary vests with the Delhi Waqf Board, and the imam is merely appointed to conduct prayers and take care of the waqf property, the Delhi high court has ruled.
The court’s remarks came while dealing with a petition related to a property next to Masjid Zabta Ganj at central Delhi’s Man Singh Road. Petitioner Zahir Ahmed, the son of the imam at the mosque, filed a plea seeking the de-sealing of the property, which consists of one room, kitchen, bathroom and some space adjacent to the mosque.
In her March 6 judgment, justice Prathiba M Singh said, “The family of an imam in a mosque cannot claim any rights in the property of the mosque, as the property vests in the waqf and the imam is merely appointed for the purposes of conducting prayers and taking care of the waqf property. The imam occupies the property in a capacity which is fiduciary in nature on behalf of the waqf and any attempt to claim independent rights in the property would be impermissible.”
In his plea, petitioner Ahmed had claimed that he and his family have been living on the property for several decades and that it was separated from the mosque by a wall.
He also sought a restraining order against the waqf board due to alleged harassment, and sought permission to reconstruct the property, besides challenging an eviction notice served by the SDM Chanakyapuri upon him in March 2020.
The court said the petitioner, who was the son of the Imam, was merely a family member and had himself occupied and permitted others to occupy the property for several decades without any rights.
Denying him relief, the court said the case was yet another example of public places of worship being converted into private tenements, and rights sought by priests, pandits, imams, caretakers and their families, in an illegal and unauthorised manner. The court said such public places of worship are converted into residences and are occupied by people who take care of the said places, including by their extended families, domestic help and other trespassers, which would be contrary to law.
“In some cases, this court has also noticed that the said places of worship are extended beyond the allotted land and are converted into commercial property, and rents/lease amounts are also sought to be collected in an illegal and unauthorised manner,” the court said.
The judge, however, did not mention in detail any other case in her judgment.
Dismissing the petition, the court said that in the present case it is not clear as to the basis on which so many persons who are described as “workers” were inducted by the petitioner into the property and they continued to occupy the property for several years.
Holding that the petitioner is an “unauthorised occupant” and has encroached upon property belonging to the Delhi Waqf Board, the court directed him to directed him to pay ₹15 lakh to the Delhi Waqf Board within 8 weeks, considering the duration of illegal occupation of the premises and the location of the property. It also asked him to deposit ₹2 lakh as costs with the Delhi Waqf Board within 8 weeks.