Hyderabad: The minority welfare department has opposed both the scrapping and merging of the Wakf Survey Commission, a statutory body constituted under the Wakf Act, into the Wakf Board.
Due to lack of staff, the commission has become dysfunctional. As a result, the second survey report could not be notified in the Gazette.
It is learnt that the Chief Minister’s Office suggested the merger proposal. With reference to the Wakf Act, the minorities welfare department opined that the commission should exist independently.
According to Section 4 of the Wakf Act, the government has to appoint the commissioner and additional or assistant commissioners of Auqaf as required. It states that surveys should be conducted every 10 years. It may be noted that it has been 20 years before the amendment was made.
The state government constituted the Survey Commission of Auqaf in 2001 for the second survey of Wakf properties.
As per the Wakf Act, the commission must send its report to the government. The government must forward a copy to the Wakf Board which it should return with with corrections if any.
An official at the Wakf Board said, “Although the government had sent us the report in 2016, we found that the Survey Commission had merely filled the proforma without conducting relevant inquiries. We returned it to the government, requesting them to enclose a copy of the report of the inquiry conducted by the commission as claimants of the Wakf properties have raised an objection that the survey officer did not really make any inquiries and that they were not given the opportunity to prove their claim on the properties by furnishing the requisite documents. The government hasn't shared the report with us. If the government publishes a notification in the Gazette without conducting inquiries, it notification will not be considered valid in court.”
Wakf activist Abdul Sattar said, “Instead of publishing the report of the second survey, the state government should conduct a fresh survey following the provisions of the Waqf Act and the conditions prescribed in it. The government has absorbed into the Walf Board, employees who were hired on consolidation. They only have one employee who is merely opening and closing doors in the office.
“Besides, former CEO of the Wakf Board, Mr Asadullah, has been holding the additional charge of the Survey Commissioner of Auqaf.”
