WAKFS

Mohammad Amin on Problems of Wakf

Properties in West Bengal

Number of complaints were received by the state government between August and December 1995. Among the complainants were senior leaders of the Congress Party. The government therefore, ordered a departmental enquiry to be conducted by the Judicial Secretary who submitted his report within 12 days.

However, the report proved to be unsatisfactory and incomplete, with neither any in-depth study nor any suggestion for remedial measures... As the opposition insisted on the placing of the report in the assembly, the Judicial Secretary's report was duly presented to the assembly on July 1, with its own comments.

The report, amongst other things, had suggested a number of reasons for transfer of Wakf properties, some of which are given below:

1)    That some properties were transferred because there was no income from those properties.

2)    That there are a number of old tenancies which pay at very low rent.

3)    In some cases, the tenant has refused to pay any rent. In addition, there are many cases of encroachment and forceful occupation.

4)    Many Wakf properties face difficulties because of countless litigation.

The report further commented that the Wakf Board functioned in a closed circuit. No advertisements were being issued before leasing out of some of the properties.

On scrutiny it was found that advertisements in some cases had been issued.

The state government has ordered a judicial enquiry to look into all aspects of the problems of Wakf estates, and it is expected that the findings of the judicial commission will identify the issues and suggest overall remedial measures.

The state government has also taken a number of steps to protect the Wakf properties and bring about positive improvement. For the first time a detailed survey has been ordered by the state government which will be conducted by the Director of Land Records so that the number of actual Wakf estates is determined, along with their valuation. The I.G. of Registration has been intimated not to register any wakf property until further orders.

The Calcutta Corporation has been directed not to sanction any plan of any Wakf estate in the city. The state government is also taking steps to set up one tribunal in Calcutta so that aggrieved persons can approach it for remedy of their grievances. According to the new Act the decision of the Tribunal will be final.

Steps have already been taken to constitute the new Wakf Board. In the meantime the judicial commission will probe into the alleged irregularities with regard to the Wakf properties. Its findings will help the state government to undertake further measures.

(Source: The People's Democracy, 21 July, 1996)

Shahabuddin's Letter to Mohd. Amin,

Minister of Wakfs, West Bengal, 29 July, 1996

I am glad to note that remedial steps have already been taken by the Government to protect and preserve the Wakf properties and bar their alienation. However, the fact remains that some Wakf properties were illegally alienated by the mutawallis concerned with the tacit approval of the State Wakf Board.

You have stated that some Wakf properties were alienated because the income therefrom was nil or very low. I would, therefore, suggest for consideration that the State Government should exempt all Wakf properties, as some States have already done, from the operation of the Rent Control laws, particularly, the properties which can be classified as public wakf as distinct from private wakfs.

Secondly, I would also suggest that the Wakf properties should be exempt from Urban and Rural Land Ceiling laws.

Thirdly, I would request you that the definition of 'public premises' should be amended in the West Bengal Act relating to the vacation of unlawful occupation of public premises to include all public wakf properties.

These three steps coupled with an absolute ban on transfer of wakf properties without the approval of the Wakf Board, would ensure that mala fide transactions do not recur in future.

Subrata Nagchoudhury on Wakf Properties in Calcutta

As chief minister of West Bengal, Jyoti Basu hast rarely succumbed to pressures from political rivals. But he did twice in rapid succession. First Basu tabled a confidential "administrative inquiry report" of the Left Front (LF) Government that pointed to a major Wakf property scam in the state. A week later. Basu announced a judicial inquiry.

The administrative inquiry report was submitted by Judicial Secretary P.K. Sengupta to the Government in December 1995 considering that over the past several years, at least 160 Wakf properties in the state, worth crores of rupees, were leased out to private developers and promoters without open tenders or quotations. "The facts have exposed the dealings to charges of nepotism, corruption, malpractices, etc."

There is no estimate of the current value of the Wakf assets. But the magnitude of the scam can be well imagined: one property alone in Calcutta's Shakespeare Sarani, which was leased out to a private developer in 1991, commands a market price of approximately Rs. 5.5. crore today.

There is evidence that the LF Government knew for long that things were not quite right in the Wakf Board In September 1995, the Government had dissolved the board and appointed an administrator as an interim measure.

(Source: The India Today, 31 July, 1996)