Punjab

HIGHCOURT ISSUES NOTICE TO CS PUNJAB ON REVIVING CONTEMP PETITION FOR NOT NOTIFYING RULES FOR SURVEY OF WAKF PROPERTIES

March 12, 2018 05:42 PM

Chandigarh (Subhash Jindal;)

Notice to Chief Secretary, Punjab, in plea for reviving Contempt Petition filed for not notifying Rules for conducting survey of Wakf Properties:

Justice Jaswant Singh today issued notices to respondent State of Punjab  for 7.5.2018 in an application filed  by Dayal Singh of Ludhiana, seeking revival of the Contempt Petition filed by him against S.C. Aggarwal, the then  Chief Secretary, Government of Punjab, which was disposed off in 2011 on the basis of an undertaking given by the  Chief Secretary, to the effect that State shall notify the relevant rules, after the same are approved by the Competent Authority, for the purpose of conducting  second survey of Wakf properties in the State of Punjab. 

In this case with  checkered history, The Punjab State Law Commission had submitted a report in the year 2009, recommending that State Government should frame rules, for the purpose of conducting second survey of Wakf properties in the State of Punjab. The Law Commission had stated that the earlier Survey conducted in 1963 was having several deficiencies, for instance, certain Government buildings were also notified as Wakf properties. Likewise, certain lands of the farmers were also notified as Wakf properties, which should be retrieved. At the same time, certain properties were left out and were not included in the Notification of Wakf properties.  Therefore, a substantial number of litigations pertaining to the Wakf properties were pending in Wakf Tribunals. The State Government had accepted the aforesaid recommendations. The petitioner filed a Civil Writ Petition, which was disposed off by the High Court on 29.10.2010, as the State Government filed a written statement, stating therein that State will frame rules for the purpose of conducting second survey of Wakf properties in the State of Punjab.

The State however, did not frame rules. Resultantly, the petitioner filed a Contempt petition, which was disposed off on 28.5.2012, as the Chief Secretary filed an undertaking to the effect that rules are pending before the Competent authority, and shall be notified, after those are approved. The petitioner has now filed the instant application for revival of his Contempt Petition, as the State Government has not framed rules even till date.

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