Gujarat State Waqf Board directed to consider removing encroachments from ‘Kabrastan’ as per Section 54 of the Waqf Act, 1995

Gujarat High Court: A Single Judge Bench comprising of Vipul M. Pancholi, J. directed the respondents to look into the directions prayed by the petitioner and act accordingly.

An application was filed to direct the respondent to remove the encroachment as per the Section 54 of the Waqf Act, 1995 and to provide with the Police protection while constructing the compound wall surrounding the land of ‘Kabrastan’ (graveyard) registered with the Gujarat State Waqf Board and hence grievance of the petitioner was about inaction on the part of the respondent authority in not taking any decision on representations made by them.

It was admitted that encroachments were made by the people of Scheduled Caste community near the said property.

The Court considering the facts and the circumstances of the case gave a direction to the respondent authority to take into account the representations submitted by the petitioner and decide accordingly in accordance with the law. Accordingly, the petition was disposed of. [Meman Jamat Palanpur v. Gujarat State Waqf Board,2018 SCC OnLine Guj 2242, Order dated 03-12-2018]

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