Sanatan Prabhat > Post Type > News > National News > Waqf’s pampering unconstitutional; law should be the same for temples and Waqf Board : Adv. Virendra Ichalkaranjikar, President, Hindu Vidhidnya Parishad

Waqf’s pampering unconstitutional; law should be the same for temples and Waqf Board : Adv. Virendra Ichalkaranjikar, President, Hindu Vidhidnya Parishad

Hindu Vidhidnya Parishad complains to the State Government

Adv. Virendra Ichalkaranjikar

Mumbai – ‘The Congress Government had allowed the use of Government machinery to remove encroachments on the Waqf registeredbuildings. In 2008, the Congress amended the Maharashtra Government Premises (Eviction) Act, 1956 for this purpose. Congress, which changed the law so that the Waqf Board could use Government machinery, did not give this benefit to temples though. Special care for the Muslim religious places but unfair treatment to temples, is unconstitutional. Either the temples should also be able to use Government machinery like the Waqf Board, or else the special benefit given to the Waqf Board should be stopped,’ wrote advocate Virendra Ichalkaranjikar, National President of the Hindu Vidhidnya Parishad, in a letter to the State Government while demanding action in this matter.

Questions raised by the Hindu Vidhidnya Parishad in the letter:

1. Although both temples and waqfs are religious places, only the waqf board has the support of the Government machinery, while for temples, the trustees have to go the Court for justice.

2. The then Congress Government made a law to collect rent or similar expenses from anyone residing illegally in Government buildings or land to evict them. The Congress extended this law for the Waqf properties as well, in an attempt to appease Waqf Board.

3. This means that if there is encroachment on a Waqf property, there is no need to approach the Court to remove it. The Government machinery has to take steps to remove that encroachment. On the contrary, the temples will have to approach the Civil Courts.

4. If the Waqf wants to use its property for any other purpose, there is no need to approach the Civil Court. They have to file a complaint with the Government. The Government machinery takes action on that complaint and vacates the land or building and gives it to the Waqf Board. There is a provision in this law that if any rent is due to the Waqf Board, it will also be recovered through the property tax recovery method.

5. If someone encroaches on the land of temples registered with the Charity Commissioner, the trustees of the temples have to approach the Court, not the Government, to get their land back. Why there are different rules for waqfs and temples? Why don’t temples get benefits like waqfs? Either the land and buildings of temples should be included in this Act in Section 2, just like waqfs, or the waqf board should be excluded from it.

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