A waqf property in Gandhinagar has been encroached by a private builder, what is the remedy under the state waqf law?

Detailed Legal Analysis

Waqf properties are governed by Gujarat Rent Control Act 1999 and the state waqf board's rules applicable in Gandhinagar. The Gujarat High Court has held that waqf properties are public properties and encroachment must be removed expeditiously.

You can file a complaint with the state waqf board, which can order eviction. A suit for possession can be filed before the waqf tribunal within the limitation period.

The board must survey and publish a list of waqf properties. Alienation of waqf property without the board's permission is void.

The board can lease the property only through a transparent auction process.