The HC asks the Delhi government, the Centre’s representative, to set up the Delhi Waqf Committee
On September 8, Justice Dayal gave four weeks to the government and the Center in Delhi to submit their replies. File | Photo credit: ANI
The Delhi High Court has sought the opinion of the Center and the city administration seeking the formation of the Delhi Waqf Board.
Justice Anish Dayal issued a notice of petition to the governments seeking directions to complete the statutory process of setting up the board under the Waqf Act, 1995, as amended by the Waqf (Amendment) Act, 2025.
The petitioner’s lawyer argued that after the tenure of the last Delhi Waqf Board expired in August 2023, no steps were taken to constitute a new board.
Meanwhile, an administrator was appointed by the Delhi government in January 2024, but the board was yet to be constituted despite the statutory mandate, it was claimed.
On September 8, Justice Dayal gave four weeks to the government and the Center in Delhi to submit their replies.
Petitioner Mohd Shahid, in his plea, said that even after the 2025 amendment, Parliament retained the statutory duty to constitute a Waqf Board for each state and Union Territory, and the continued failure of the authorities to constitute a board was therefore a breach of the statutory duty imposed on them.
The cause of action alleged that the board’s prolonged absence exposed the valuable waqf properties located in the capital to serious risk of encroachment, trespass, illegal theft, misuse and damage.
“Public charitable institutions, mosques, cemeteries, educational institutions and other waqf facilities dependent on proper legal supervision have suffered irreparable prejudice. The beneficiaries of these waqfs, including the faithful and members of the Muslim community, have been deprived of the legal guarantees envisaged by Parliament,” the petition submitted.
“Executive authorities cannot allow long-term inaction to render a parliamentary law ineffective. Once parliament orders the formation of a statutory committee, the respondents are constitutionally bound to complete the legal process within a reasonable time. If they fail to do so, this is arbitrary inaction by the executive branch and represents a direct violation of the rule of law,” it said.
Lawyers Rizwan Ahmad, Feroz Khan Ghazi, Mohd. Wasiq Khan, Himanshu Gupta and Mohd. Shoaib Ansari represented the petitioner.
The matter will be heard further on December 10.
Published – 11 Sep 2026 14:08 IST