Surender Kumar v. Union of India and Ors

O R D E R %

23.12.2024

¶1The present batch of writ petitions seeks to assail the provisions of the Waqf (Amendment) Act, 2013. The grievance of the petitioners, as articulated by learned counsel for the petitioners is that the properties which they are occupying for the last many years as tenants are being auctioned by the Delhi Waqf Board (hereinafter "the DWB") and the petitioners have been directed to retrospectively pay market rent for the last five years, by computing the annual rent @ 5% of the market value of the properties which in turn is required to be determined as per the applicable circle rate of the area.

¶2It is the common case of the parties that during the pendency of the present petitions, certain provisions of the Waqf (Amendment) Act, 2013 have undergone a further change due to the introduction of Waqf Properties Lease (Amendment) Rules, 2020. However, since the said amendments did not redress the grievances of the petitioners, representations were made by The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. them to the Government pursuant whereto, a fresh amendment Bill has been introduced in the Parliament. This Bill is stated to be presently under consideration of the Joint Parliamentary Committee and, a final decision qua these amendments is likely to be taken shortly.

¶3Consequently, even though the parties, as on date, continue to be governed by the Waqf (Amendment) Act, 2013 as also the Rules framed thereunder, since the impugned provisions are already being amended, no useful purpose will be served by examining the validity thereof at this stage. Learned counsel for the parties, however, submit that on date, there is no certainty as to whether the grievances of the petitioners, which are under consideration before the Joint Parliamentary Committee, will be accepted or not and whether a fresh Waqf Amendment Bill, as already introduced in the Parliament, will be finally passed or not.

¶4On 05.12.2024, when the present petitions were taken up for consideration, we had put to learned counsel for the petitioner as to why, in the light of the impending proposed amendments, the present petitions should be kept pending any further and not disposed of by granting liberty to the petitioners to assail the amended provisions once finalised.

¶5Today, learned counsel for the petitioners submits that taking into account the aforesaid factual position, it would be appropriate if the petitioners are granted liberty to make a wholesome challenge to the provisions of the Waqf Act, 1995, as and when the impending amendments thereto are finalised. They, however, pray that while the writ petitions be disposed of by granting liberty to them to assail the amended provisions if the need so arises, the interim orders passed on 18.11.2019 as confirmed on

16.01.2024 be extended till the amendments are finalised and the petitioners The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. are in a position to assail the same.

¶6Learned senior counsel appearing for the DWB, however, submits that while he has no objection in principle to disposal of the petitions with liberty to the petitioners to assail the amended provisions once finalised, the amount towards monthly rent directed to be paid under interim orders of this Court passed in 2016 be suitably revised. Further, the petitioners ought not to be permitted to take benefit of this interim arrangement in perpetuity. He, therefore, prays that in case, this Court were inclined to dispose of the petitions by granting liberty to the petitioners to assail the fresh amendments as and when finalised, this Court may provide a timeline during which this interim arrangement may continue.

¶7Having considered the submissions of learned counsel for the parties, we are inclined to agree with the learned senior counsel for the DWB that the interim directions to pay monthly rent of Rs.5,000/- or double the amount of existing rent passed by this Court needs to be now revised suitably and directions issued that this interim arrangement will continue only for a specified period.

¶8We, accordingly, dispose of the petitions by granting liberty to the petitioners to assail the provisions of the Waqf Act once the amendments presently under consideration of the Joint Parliamentary Committee are finalised. Further, taking into account that the monthly rent of Rs.5,000/- per month was fixed by this Court in 2019 since when the market rate of rent has considerably increased, we direct that the petitioners, without prejudice to their rights and contentions which is to be determined in an appropriate petition if the need so arises, will w.e.f 01.01.2025 pay to the Delhi Waqf Board, a monthly rent of Rs.7,500/- or The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. double the last paid rent as on 18.11.2019 whichever is higher. Subject to the petitioners continuing to pay monthly rent @ Rs.7,500/- or double the last paid rent as on the date of issuance of the demand notices by the DWB under the impugned provisions of the Waqf (Amendment) Act, 2013, the petitioners will be permitted to continue to occupy the premises presently in their occupation. Taking into account that it is the common case of the parties that the proposed amendment Bill which is pending consideration with the Joint Parliamentary Committee is likely to be placed before the Parliament in March/April, we direct that this arrangement will continue till

31.08.2025. We further direct that in case the proposed amendments to the Waqf Act are notified during this period till 31.08.2025, the petitioners will, subject to any challenge thereto, be governed by the same. However, in case, the proposed amendments are not notified by 31.08.2025, the petitioners will be at liberty to seek revival of the present petitions.

¶9Further, taking into account the plea of the respondents that some of the petitioners are not paying rent as directed by the interim orders passed by this Court, we direct that this interim arrangement will continue till

31.08.2025 or till the date of the notification of the proposed amendments to the Waqt Act, only subject to the petitioners filing an affidavit with the DWB within a period of four weeks clearly setting out details of the rental which they have been paying as also the revised rental which they are required to pay in terms of this order. In case, any petitioner has any grievance regarding interim arrangement, it will be open for them to approach the DWB by moving an appropriate application which will be considered by the DWB on its own merits while taking into account the directions issued by way of the present order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

¶10Accordingly, while disposing of the present petitions, we make it clear that this Court has not expressed any opinion on the merits of the grounds raised by the petitioners and, therefore, in case the petitioners file any fresh petition(s) to challenge the amended provisions of the Waqf Act once finalised, it will be open for them to raise all permissible grounds including grounds raised in the present petitions. We further make it clear that this order is being passed in the peculiar facts of the present case when both parties are ad idem that the challenge to the provisions impugned in the present petitions is likely to be rendered infructuous once the amendments which are under consideration of the Joint Parliamentary Committee are notified.

¶11The writ petitions, alongwith pending applications are, accordingly, disposed of in the aforesaid terms.

REKHA PALLI, J.

SAURABH BANERJEE, J. DECEMBER 23, 2024 kk The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 10352/2016, CM Nos.40701/2016, 38577, 49577/2019 M/S SANT RAM NIKKA MAL & ORS UNION OF INDIA AND ORS. + W.P.(C) 9348/2019 PARMOD GUPTA AND ANR. UNION OF INDIA AND ORS. + W.P.(C) 9349/2019, CM No.2431/2022 ANSHUMAN CHAWLA UNION OF INDIA AND ORS. + W.P.(C) 9351/2019 RAJENDER SINGH AND ANR. UNION OF INDIA AND ORS. + W.P.(C) 9352/2019 INDERPAL SINGH UNION OF INDIA AND ORS. + W.P.(C) 9354/2019 DINESH KUMAR CHAWLA UNION OF INDIA AND ORS. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. + W.P.(C) 11765/2019 RAMESH GUPTA AND ANR. UNION OF INDIA AND ORS. + W.P.(C) 11766/2019 KASTURI LAL LAMBA UNION OF INDIA AND ORS. + W.P.(C) 11767/2019 AJAY KUMAR AND ANR. UNION OF INDIA AND ORS. + W.P.(C) 11814/2019 DEEPANSHU CHOPRA AND ANR. UNION OF INDIA AND ORS. + W.P.(C) 11815/2019 PRADEEP KUMAR @ PRADEEP KUMAR MANGLA.... Petitioner UNION OF INDIA AND ORS. + W.P.(C) 11816/2019 M/S MEHAR CHAND AND SONS UNION OF INDIA AND ORS. + W.P.(C) 11817/2019 GULASHAN JAGGI UNION OF INDIA AND ORS. + W.P.(C) 11818/2019 MUKESH KUMAR AND ORS. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. UNION OF INDIA AND ORS. + W.P.(C) 11845/2019 SATYA BHUSHAN AND ORS. UNION OF INDIA AND ORS. + W.P.(C) 11847/2019 NARESH KUMAR UNION OF INDIA AND ORS. + W.P.(C) 11848/2019 RAKESH BHAGAT UNION OF INDIA AND ORS. + W.P.(C) 12047/2019 GAGANDEEP SINGH UNION OF INDIA AND ORS. + W.P.(C) 12048/2019 SH. KETAN SHAH PROPRIETOR OF V. H. SHAH AND BROS. UNION OF INDIA AND ORS. + W.P.(C) 12049/2019 HITESH KHANNA AND ANR. UNION OF INDIA AND ORS. + W.P.(C) 12050/2019 APURV GARG AND ANR. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. UNION OF INDIA AND ORS. + W.P.(C) 12093/2019 PRAMOD KUMAR JAIN AND ORS. UNION OF INDIA AND ORS. + W.P.(C) 12094/2019 SAUDAGAR MAL JAGGI AND SONS UNION OF INDIA AND ORS. + W.P.(C) 12095/2019 RAJESH JAIN UNION OF INDIA AND ORS. + W.P.(C) 12211/2019 PUNEET KUMAR LAMBA & ANR. UNION OF INDIA & ORS. + W.P.(C) 12212/2019 MUKESH KUMAR JAIN UNION OF INDIA & ORS. + W.P.(C) 12213/2019 DEO RAJ SARAWGI UNION OF INDIA AND ORS. + W.P.(C) 12214/2019 SANJAY KUMAR & ANR. UNION OF INDIA & PRS. + W.P.(C) 12215/2019 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. KISHAN NARANG UNION OF INDIA & ORS. + W.P.(C) 12239/2019 ANKUR AGGARWAL UNION OF INDIA AND ORS. + W.P.(C) 12240/2019 ARUN KUMAR BHATIA UNION OF INDIA AND ORS. + W.P.(C) 12241/2019 SURENDER KUMAR UNION OF INDIA AND ORS. + W.P.(C) 12242/2019 MR. ABDUL KARIM UNION OF INDIA AND ORS. + W.P.(C) 12446/2019 VIPIN GULATI AND ANR. UNION OF INDIA AND ORS. + W.P.(C) 12447/2019 HARISH CHAND GULATI AND ANR. UNION OF INDIA AND ORS. + W.P.(C) 12448/2019 ANIL KUMAR JAIN The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. UNION OF INDIA AND ORS. + W.P.(C) 12449/2019 MURARI LAL GARG & ANR UNION OF INDIA & ORS + W.P.(C) 12450/2019 SANJAY AND ANR. UNION OF INDIA AND ORS. + W.P.(C) 12451/2019 MRS. DARSHANA KAPOOR UNION OF INDIA AND ORS. + W.P.(C) 12477/2019 VINOD KUMAR GUPTA UNION OF INDIA AND ORS. + W.P.(C) 12940/2019 MADAN LAL BHATIA UNION OF INDIA & ORS + W.P.(C) 12941/2019 AMBRISH CHANDER GULATI UNION OF INDIA AND ORS. + W.P.(C) 12985/2019 RAM NIWAS AND ANR. UNION OF INDIA AND ORS. + W.P.(C) 12986/2019 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. DALJEET SINGH UNION OF INDIA AND ORS. + W.P.(C) 12987/2019 HARJEET SINGH UNION OF INDIA AND ORS. + W.P.(C) 12988/2019 RAJA RAM GUPTA AND ORS. UNION OF INDIA AND ORS. + W.P.(C) 13771/2019 RAJINDER PRASAD UNION OF INDIA AND ORS. + W.P.(C) 13772/2019 DEEPAK JAIN UNION OF INDIA AND ORS. + W.P.(C) 13773/2019 RAVINDER KUMAR AGGARWA