... Over the years, there have been widespread encroachments on Wakf properties and there have been representations from time to time, about them ... The Secretary, Legislative Deptt., Ministry of Law. Govt. of India, has drawn the attention of the Chief Secretaries of the State Govts./UTs about the need for a constant watch and appropriate action on the part of the State Governments towards satisfactory solution of the long outstanding problems of restoration of Wakf properties in adverse possession of Government Deptts., Local bodies and also other non-official agencies and individuals.

After a careful consideration of the matter ... the Central Government in exercise of the powers conferred on it by Section. 62 (1) of the Wakf Act, 1954, hereby directs the Wakf Board,... To take all possible steps and measures towards prevention of encroachments taking place on the Wakf properties ... and also for the vacation of encroachments which have already taken place on the Wakf properties .... including the following specific steps: -

1. The Wakf Board should keep a vigilant watch on the Wakf properties within its jurisdiction and whenever there is any reasonable ground or suspicion for apprehending a possible encroachment on any such property, the matter should be taken up appropriately with the concerned authorities in order to see that the possible threatened encroachment is prevented.

2. FIR should be promptly field with the concerned Police Station and the concerned senior Police/Revenue authorities of the State Government should be kept informed and their assistance sought for vacating the illegal encroachments.

3. In cases where it is necessary to establish title or defend title in a Civil Court, recourse under Section 36 B of the Wakf Act, 1954 and/or any other law should be had expeditiously and the matter should be pursued vigorously. [This has become redundant under the Wakf Act, 1995 - Editor].

4. Action should also be taken to suitably inform the public that no transaction, involving sale, gift, mortgage, exchange or a lease ... of immovable property of a Wakf would be valid under the law, in terms of Section 36A of the Act ... without the previous sanction of the Wakf Board.

5. The State Government should be kept informed of the encroachments that have already taken place and the Central Government should be informed of the steps taken by the Wakf Board by a Regular quarterly report. (Source: Circular No. 14(4)/83-Wakf dated 7 October, 1983)